G.R. No. L-45381 & L-45384. April 10, 1939.
Estate of the deceased Modesto Jinon & Estate of the deceased Andrea Espino. FELIX BENEDICTO, oppositor-appellant, vs. PERFECTO ESPINO, administrator-appellee.

FACTS

The cases involve the estates of Modesto Jinon and Andrea Espino. Felix Benedicto, a lawyer, opposed the approval of the administrator’s annual accounts. He contended that the administrator illegally paid sums for the maintenance and education of the children of spouses Leon Jinon and Victoria Jiao, who were usufructuaries of the estates for the benefit of their children. Benedicto also claimed a one-third share of those payments as part of his attorney’s fees under a contract he entered into with the spouses. The lower court approved the administrator’s accounts and, in a subsequent order, noted an agreement that the spouses would pay Benedicto a fee of P1,000, with a right of retention on any judgment in favor of the spouses.

ISSUE

Whether the lower court erred in approving the administrator’s accounts and in denying Benedicto’s claims for payment of his attorney’s fees from the estates.

RULING

No. The Supreme Court affirmed the lower court’s orders. Benedicto had no cause of action against the estates themselves. His contract for attorney’s fees was with the spouses Leon Jinon and Victoria Jiao personally, not with the administrator or the estates. The administrator’s accounts were supported by vouchers and properly approved. The spouses, as usufructuaries, were personally liable for Benedicto’s fees. The lower court’s order adequately safeguarded Benedicto’s right by recognizing his retention right over up to P1,000 from any amounts the spouses might later receive from the estates, after all estate obligations were settled. The appeal was without merit.

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