Nethken v. Lusby

McWilliams, J., delivered the opinion of the Court. This dispute, an extension of the “seemingly senseless quarrel” described in Lusby v. Nethken, 256 Md. 469 (1970), concerns a counsel fee. Since we think that the trial judge, Naughton, J., has related the relevant facts, that he has stated the applicable principles of law, and that he has reached the correct legal result, we consider it appropriate to adopt his opinion as the opinion of this Court in this case. Judge Naughton’s opinion follows: ⁵⁹⁰ “Louise Nethken Lusby and George M. Nethken filed a bill of complaint against their brother, W. Robert Nethken, alleging that the said respondent on numerous occasions between the years of 1960 and 1966, ‘fraudulently coerced and unduly influenced’ his mother, Caroline Pritts Nethken, ‘so as to induce her to arrange her affairs so as to inure to the benefit’ of the respondent and ‘to the disadvantage of the’ complainants. “One of the many occasions alleged in the bill of complaint concerned a power of attorney obtained by the respondent from his mother which he exercised in selling certain stock certificates for the sum of $58,000, the proceeds of which were placed in five separate joint savings accounts on or about April 29, 1966, with the Loyola Federal Savings & Loan Association to the benefit of Caroline Pritts Nethken and one of each of her five grandchildren.

The grandchildren are Caroline Reese Lusby and Thomas F. Lusby III, a minor, children of Louise Nethken Lusby, one of the complainants; Gretchen L. Nethken, child of the other complainant, George M. Nethken; Eleanor Louise Nethken, a minor, and Ann Reese Nethken, children of the defendant, W. Robert Nethken and his wife Philomena Nethken. Caroline Pritts Nethken died on October 2, 1966, and left surviving the above mentioned grandchildren. “The bill of complaint was amended to include the five grandchildren as parties defendant. The petitioners entered their appearance for the two children of W. Robert Nethken. It is conceded that the three remaining grandchildren were not represented by counsel although the record indicates otherwise. “After a lengthy hearing the bill of complaint was dismissed.

Upon appeal to the Maryland ⁵⁹¹ Court of Appeals, the decision of the lower court was affirmed. The Court on appeal referred to this case as a ‘seemingly senseless quarrel.’ Lusby v. Nethken, 256 Md. 469 . “This court has now been requested to rule on a motion filed by defense counsel praying for the passage of an order authorizing said counsel to be paid a fee of fifteen thousand dollars ($15,000), the same to be three thousand dollars ($3,000) apiece out of each of the five savings accounts at Loyola Federal Savings and Loan Association for services rendered by them on behalf of the said five grandchildren. “The two children of W. Robert Nethken are agreeable to the payment of the requested portion of the counsel fee out of their accounts. (Supplemental memorandum in support of petitions for counsel fees, p. 4.) The three remaining grandchildren, either individually or through their parents, object to the payment of any fee to the petitioners. Since the petitioners have resolved the question of fee as to their clients, W. Robert Nethken and his children, Eleanor Louise and Ann Reese, whom they represented, the question for the court to decide is whether Caroline Louise Lusby, Thomas F. Lusby III, and Gretchen L. Nethken are obligated for the payment