The plaintiff, an attorney at law, sued to recover the reasonable value of legal services rendered the four defendants, Anna, Joseph, Margaret and Stanley Krupa, who are brothers and sisters.
The principal work performed by the plaintiff was in the preparation, presentation and settlement of four claims, one on behalf of each defendant, against the estate of Mary A. Begley, who died testate in Meriden on November 7, 1954, leaving a large estate. Each defendant agreed to pay the plaintiff a sum not to exceed one-third of any amount recovered, and each paid a retainer of $100. None of the defendants was an heir at law of the decedent. Under the terms of the will, which had been admitted to probate for some time when the plaintiff was first consulted by the defendants, Anna was bequeathed $300; Joseph, nothing; Margaret, $200; and Stanley, $200. After much time and effort, the plaintiff succeeded in obtaining from the executors an offer to compromise the four claims of the defendants for a total of $19,500.
At a conference in the plaintiff’s office which was attended by the four defendants, the plaintiff informed them of the offer and explained that in ad
At the trial, the defendants made but two claims: first, that they had not agreed to or authorized the settlement, and second, that there was an agreement that the plaintiff was to be paid his fee by the estate and therefore he could not recover it from the defendants. Both of these claims raised questions of fact, and their resolution in favor of the plaintiff is amply supported by the unchallenged subordinate facts in the finding.
Prior to the hearing in the Probate Court on October 27,1955, the defendants knew that the plaintiff’s charge for services would be $5000. The court allowed interest on that amount from the date when the settlement money became available to the defendants ; it was justified in doing so. General Statutes §§ 37-1, 37-3; Stoddard v. Sagal, 86 Conn. 346, 350, 85 A. 519; Gilpatric v. National Surety Co., 95 Conn. 10, 25, 110 A. 545; Lewin & Sons, Inc. v. Herman, 143 Conn. 146, 151, 120 A.2d 423. The other assignments of error either are not properly before us (Practice Book §§ 154, 155) or do not merit discussion.
There is no error.
In this opinion the other judges concurred.