Parker v. Mayo.
Opinion delivered October 22, 1904.
Probate court — jurisdiction.-—The probate court has no jurisdiction of a claim against an estate for services rendered by an attorney employed by an- executor to prosecute an action on behalf of the estate. Pike v. Thomas, 62 Ark. 223, followed.
Appeal from Monroe Circuit Court.
George M. Chaprine, Judge.
Affirmed.
*514Parker & Parker, attorneys, sued R. D. Mayo, executor of W. M. Mayo, deceased, in the probate court to recover the sum of $200 for professional services rendered by them on behalf of the estate under employment by such executor. From a judgment of allowance the executor appealed to the circuit court, where a motion to dismiss for want of jurisdiction was sustained, and plaintiffs appealed.
Thomas & Lee¡, for appellants.
Grant Green, for appellee.
The probate court had no jurisdiction. Const. Ark. art. 7, § § ix, 34, 40; 15 Ark. 384; 61 Ark. 410; 62 Ark. 223; 65 Ark. 443.
Wood, J.
The question here is, can an attorney maintain a suit in the probate court against the estate of a deceased person for legal services rendered the estate by contract with the executor thereof? He cannot. Tucker v. Grace, 61 Ark. 410; Pike v. Thomas, 62 Ark. 223; Pike v. Thomas, 63 Ark. 443.
Affirmed.