The findings of the Court on the attorney's fee, and on the question of interest, were conclusive. Witnesses were examined, and the action of the Court was based upon the testimony given. The Administrator, in paying the attorneyone thousand dollars, assumed the risk of its being allowed.
In reference to the question of interest, it appears that the Administrator did not keep the estate funds separate from his own, but used them for his private purposes, even during the first year. He did not keep the funds on hand at all, but put them out at once, as soon as he received them. He cannot use the moneys of the estate without being charged with their use. (2 Redfield on Wills, 882, 886; Utica Ins. Co. v. Lynch, 11 Paige, 520.)
JUDGES: Temple, J.
OPINION
TEMPLE, Judge
This Court will not reverse the ruling of the Probate Court in fixing the amount of compensation, which it would be proper to allow the Administrator in payment of counsel in the settlement of the estate, unless there is a plain abuse of discretion. Such matters are peculiarly within the knowledge of the Probate Judge, and it is very difficult for this Court to form any satisfactory conclusion upon the subject.
It is found that the Administrator had not kept the funds of the estate separate from his own money, but has used them for his own purposes. He was, therefore, properly chargeable with interest. (Utica Ins. Co. v. Lynch, 11 Paige, 525.)
Order affirmed.