Estate of Kruger

In Estate of Kruger (1900) 130 Cal. 621, the attorney for the estate sought reasonable fees for the work he performed during probate. Heirs opposed the fees on the ground that the attorney had negligently performed his duties in connection with a suit brought against the executors. Because the attorney failed to present a motion for a new trial and amendments on behalf of the executors in a timely manner, a judgment was entered against them that resulted in a substantial loss. The court agreed that the heirs' objection was well taken stating (p. 626): "But even if the negligence was not of such a nature as to be actionable . . . , it should still have been considered in determining the value of the services. If because of the unskillful or negligent manner in which the service was performed it was a detriment and not an advantage, no compensation should have been allowed."