122 Cal. App. 460 - Zagoren v. Hall’s Empirical Analysis
1932
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently October 1969
12 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Gay v. Torrance · Creditors Adjustment Co. v. Newman · 85 Cal. App. 525 - George v. Beaty · 52 Cal. App. 597 - Voinich v. Poe · 117 Cal. App. 548 - Zagoren v. Superior Court
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““... A petition for the allowance of attorney’s fees under section 911 of the Probate Code, is in the nature of an ex parte application and does not possess the characteristics of such formal trial. The allowance of attorney’s fees for services in probating an estate merely recognizes the attorney as a creditor of the estate entitling him to be paid from the assets of the estate in the course of administration. To be sure his claim is classified by the provisions of section 950 of the Probate Code under the heading of expenses of administration among the first obligations which are entitled to be paid. This does not mean he may take out an execution and sacrifice the assets of an estate to the detriment of all other creditors. The final provisions of section 911 of the Probate Code that ‘such payment (for attorney’s fees) shall be made forthwith,’ should be construed to mean that prompt payment shall be made when there are available funds in the estate from which the obligation may be satisfied. When an estate possesses available funds with which to pay attorney’s fees which have been allowed, and the administrator or executor fails or refuses to comply with the order, adequate remedy exists either by citation or by resorting to the provisions of section 954 of the Probate Code. ...””
1 later decision quote this exact passagee.g. Madsen v. Hart
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.