Dobbins v. Title Guar. & Trust Co

In Dobbins v. Title Guar. & Trust Co. (1943) 22 Cal.2d 64, the parties were appointed coexecutors and the court ordered payment of extraordinary fees of $ 15,000 from the estate. After this amount was paid to the defendant, the plaintiff coexecutor filed an independent action to recover one-half of the fee on grounds of a prior oral agreement. In reversing a judgment in favor of the plaintiff, our Supreme Court held, at page 68, that the plaintiff should have applied to the probate court for a further and supplemental decree as to the apportionment of the fees between the coexecutors.