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A. S. SCOTT, JR., EXECUTOR OF THE ESTATE OF JOHN CHARLES SENOUR, DECEASED v. MRS. KATHERINE JENKINS HOLLINGSWORTH

APRIL 23, 1986

A. S. SCOTT, JR., EXECUTOR OF THE ESTATE OF JOHN CHARLES SENOUR, DECEASED
v.
MRS. KATHERINE JENKINS HOLLINGSWORTH



BEFORE WALKER, PRATHER AND ANDERSON

PRATHER, JUSTICE, FOR THE COURT:

The executor of an estate valued in excess of $229,000 perfects this appeal from the Chancery Court of Bolivar County claiming the awarded executor's fees of $1500 and the attorney's fees of $1500 were inadequate. The appellee, Mrs. Katherine Jenkins Hollingsworth, is one of two legatees of the bulk of the estate. The executor assigns the following two errors:

(1) The lower court erred in adjudicating a suitable lawyer's fee incurred in the administration of this estate in the amount of $1500.

 (2) The lower court erred, and manifestly as well as palpably so in allowing the executor in this estate with a virtually liquid value of $247,000, a fee of only $1500.

 I.

 John Charles Senour died testate February 19, 1983, naming A. S. Scott, Jr. as his executor. Subsequently, letters testamentary were issued to Mr. Scott who began the administration of the Senour estate.

 The assets of the estate consisted primarily of corporate stocks and bank accounts. An inventory dated February 19, 1983, valued the assets at approximately $229,000.

 The last will and testament of Mr. Senour, along with a handwritten codicil, provided for the following legatees:

 (1) Captain Edward F. Norman to receive $10,000;

 (2) Frances H. Colombat to receive $10,000;

 (3) Gene Stone Scott to receive $10,000;

 (4) Katherine S. Jenkins and Sally Ann Scott to receive one-half each of "any remaining stocks, bank accounts, certificates of deposit or money market funds after payment of the bequests herein before made;"

 (5) The executor, A. S. Scott, Jr., to ...


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