Estate of Elftman

In Estate of Elftman (1958) 160 Cal.App.2d 10, the court issued two orders bearing on the subject of attorney's fees. The first order "authorized" the personal representatives to pay reasonable attorney's fees incurred in a quiet title action to recover property for the estate. The second order "authorized and directed" the representatives to pay a specific sum to a specific attorney. In finding only the second order appealable, the court observed: "The first order . . . does not 'instruct or direct' the executor and executrix to do anything . . . . With less reason can it be said that it is an order 'directing or allowing the payment of a debt, claim . . . or attorney's fee,' for in addition to the fact that it is not a direction or allowance, at the time of the order no services had yet been performed, nor in fact, had an attorney even been retained." ( Id., at p. 14.)