802
95
REPORTER.
HESSELTINE v. PRINCE et al. (District Court, D. :M:a,ssachusetts. July 6, 1899.) No. 1,011. 1.
, In Massachusetts, under the statutes state,ahusband's interest in, the real estate of hiswite, during her lifetime and, after issue born, Is not property which he could oonvey or, assign, and consequently it will not pass to his trustee In bankruptcy as assets. of his estate. , A husband's interest in hlswife'Ei real estate during, her life is not a Within the meaning of Bankruptcy Act 1898, §' 7-0(3), vesting in a bankl'Upt's trustee "powers 'which he might have exer.cised for his own benefit."
VESTIN'G IN TRUS'fEE-EsTATE :BY CURTESY.
2. SAME"""POWERS.
On demurrer to a,.l)ill in' equity filed by the comas trustee in baIikl'tiptcy, to ,reach d:rtain property alleged to be lls'sets of estate ' & fOf, . ,J Prince, .o.efenda,.nts. i, . . . · ,
In
i
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. ,was a bill inequity filed in the dlstqctcourt, under tp.,e p)'ovisions of thf .ban,\{rupt law, to, reach the a,husbl"lJ.d,. after the birth ofissue, in, the rea1 estate of, his,wife is seised; tile ,wife, being l'ltiUalb:e.,The defendant objectiontothe, ofth-e court; or to the form of procee.ding, the: bill, for, w::I,nt, of equity. It is uecessary,therefore, tq. determilll? if therigh.tqf the husband, whethW' as tenancy the,curtesy initiate, Ot' oth,erwise, passes to the pilnkruptcy, under the present li.!-w.'j'herights of t4e husband in the. property of his wife are liInlted by the statutes and this court is governed by tp.e interpretation Plltupon those statutes by the supreme court of the commonwealth. In Lynde v. ,¥cGregor, Allen, 182, 184, it was, saidbs Mr. Justice flray that,:','tllese statptes are inconsistent with the that husband has any estate in his wife's land whic:ll; he can cOllvey separately during her lifetime, or which will pass to his assignees in .insolvency." The insolvent law of St. c,,118, § 44) vestetl in the in insolyency all the property of. the debtpr which the latter could have lawfully sQld, assigJ;led, or conveyed. .This language is as broad as that of 70(5) of the bankruptact, and hence it must be taken that the husband's right in his wife's real estate above described does not pass the trustee in bankruptcy, See, also, Walsh v. Young, 110 Mass. 396 j 399. Section 70(3) wits relied upon in argument by counsel for the trustee; but, however the husband's right in his wife's real estate should be described, it certainly is not a power. Demurrer sustained, and bill dismissed. with costs against the estate.
,IN RE MICHEL.
803
In re 'MICHEL. (District Conrt,E. D. Wisconsin. May 1, 1899.) TO ATTORNEY OF INVOLUNTARY BANKRUPT.
Under Bankruptcy A.ct 1898, § 64, authorizing the aHowance of a reasonable attorney's fee "to the bankrupt in involuntary. cases while performing the duties herein prescribed," a reasonable fee may be allowed to the attorney of an involuntary bankrupt for his services in drawing the schedules and making copies of the same, and also for attending the bankrupt upon the latter's examination before the referee.
In Bankruptcy. On question certified by referee in bankruptcy. The referee's certificate was as follows: I, D. Lloyd Jones, one of the referees of said court in bankruptcy, do hereby certify that in the course of the proceedings in said cause before me the following question arose pertinent in the said proceedings: This is a case of involuntary bankruptcy. On the 7th day of April, 1899, Edward S. Bragg, attorney for the above-named bankrupt, presented to me for allowance his bill for services rendered to the above-named bankrupt, which bill is hereto annexed, and accompanied by a petition of said Edward S. Bragg, praying for an order to the trustee herein, requiring him to pay the same out of the proceeds of the estate of the said bankrupt. The items charged for by the bankrupt's attorney were as 'foHows: 1899. Jan. 22. Drawing schedules, etc. Jan. 24. Making three copies. Jan. 25. Completion and .verification of copies. Feb. 15. Attendance at Milwaukee, before referee, expenses. Feb. 22. Attendance before referee, expenses. ' I am in doubt to the extent of my authority in passing upon or allowing such bill. Section 64 of the bankrupt act authorizes the payment of one reasonable attorney's fee "to thebanl,rupt in involuntary cases while performing the duties herein prescribed." The gross assets, as I am informed in this case, amount to between nine hundred and one thousand dollars; and the debts proved against the estate' amount to over sixty-nine hundred dollars. The examination of the bankrupt, held before me, occupied a portion of two half days. Being in doubt as to my authority to allow for services of a bankrupt's attorney in excess of the services for drawing schedules, 1 certify this question to the court for its opiriion and instructions thereon.
E. S. Bragg, in pro. per. SEAMAN, District Judge. Section 64 prescribes the expenses which are "to be paid in full out of the bankrupt's estate," including under "(3) the cost of administration" one reasonable attorney's fee for professional services actually rendered "to the bankrupt in involuntary cases while performing the duties herein prescribed." And section 7 enumerates the duties wbich are imposed upon the bankrupt when either class of petition is filed. The bankrupt is entitled to the benefits of counsel for the performance of each of the several acts named, and I am of opinion that the referee is empowered to make and adjust the allowance accordingly, based upon all the circumstances, and having regard to reasonableness, both in the extent of services and their value."