COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 59368 IN RE: ESTATE OF FRED E. GREENE : : : APPELLEE : JOURNAL ENTRY : v. : AND : : OPINION : : : DATE OF ANNOUNCEMENT OF DECISION: NOVEMBER 27, 1991 CHARACTER OF PROCEEDING: CIVIL APPEAL FROM THE PROBATE COURT CASE NO. 1009667 JUDGMENT: AFFIRMED. DATE OF JOURNALIZATION: APPEARANCES: For Appellee: CLARENCE JOHNSON 16115 DELREY AVENUE CLEVELAND, OHIO 44128 For Defendant-Appellant: BETTY J. HOWARD 12025 SHAKER BOULEVARD SUITE 575 CLEVELAND, OHIO 44120 -2- SPELLACY, J.: On July 28, 1987, Fred Greene died testate. On August 20, 1987, the Cuyahoga County Probate Court appointed Joan Easler executrix of Greene's estate and, in that capacity, she retained appellant Clarence Johnson ("appellant"). On December 6, 1988, appellant filed an application for authority to pay attorney fees in which he requested $18,602.40 in fees and expenses. Appellant attached an itemized statement to his application containing one hundred thirty-nine entries detailing the tasks he performed and the amount of time he expended performing them. The statement also detailed his expenses. On December 30, 1988, a probate court referee held a hearing to consider appellant's application. At the hearing, appellant, who charged Greene's estate seventy dollars per hour, testified that he billed one hour for every telephone call which lasted more than five minutes, irrespective of the actual length of the telephone call. Appellant went on to testify that every other entry in his application reflected the actual time he incurred performing the tasks involved. The referee filed a report and recommendation on January 20, 1989, in which he recommended that appellant be allowed $6,842.50 in attorney fees plus costs in the amount of $78.40. Both appellant and Greene's heirs filed objections to the referee's report and recommendation. On February 7, 1990, the -3- probate court overruled the objections and adopted the report and recommendation of the referee. Appellant timely appealed and raises the following assignment of error: THE TRIAL COURT ERRED IN DENYING A PORTION OF APPELLANT'S APPLICATION FOR AUTHORITY TO PAY ATTORNEY FEES INCURRED IN THE SUCCESSFUL PROSECUTION OF AN ACTION FOR DECLARATORY JUDGMENT WHICH RESULTED IN A NET INCREASE OF $45,560.01 IN ESTATE ASSETS, SOLELY ON THE BASIS OF THE TRIAL REFEREE (SIC) OWN PERSONAL OPINION AND BELIEFS. Appellant's assignment of error lacks merit. R.C. 2113.36 provides in pertinent part: When an attorney has been employed in the adminis- tration of the estate, reasonable attorney fees paid by the executor or administrator shall be allowed as a part of the expenses of administration. The court may at any time during administration fix the amount of such fees and, on application of the executor or administrator or the attorney, shall fix the amount thereof. Reasonable attorney fees are based on the actual services per- formed and the reasonable value of these services. In re Estate of Verbeck (1962), 173 Ohio St. 557, 558. Although a probate court judge may not substitute his or her own knowledge for evidence concerning reasonable attorney fees, In re Wood (1977), 55 Ohio App. 2d 67, 75, probate court judges are recognized to have experience in probate matters, id., and the allocation of attorney fees under R.C. 2331.36 lies within the sound discretion of the probate court. In re Estate of Ziechmann (1987), 41 Ohio App. 3d 214, 216. -4- In the case of In re Estate of Love (1965) 1 Ohio App. 2d 571, 579, the court held: Exclusive original jurisdiction to determine reasonable attorney fees being in the Probate Court, the only questions before the Court of Appeals on appeal on questions of law are whether the judgment awarding fees is against the manifest weight of the evidence or contrary to law. It is well settled that in addressing whether a judgment is against the manifest weight of the evidence "*** an appellate court should not substitute its judgment for that of the trial court when there exists *** competent and credible evidence supporting the findings of fact and conclusions of law rendered by the trial judge." Seasons Coal Co. v. Cleveland (1984), 10 Ohio St. 3d 77, 80. In the instant case, the probate court considered the itemized statement provided by appellant and the testimony adduced at the December 30, 1988, hearing. It then readjusted the amounts of time spent on the various tasks to reflect what it felt constituted reasonable amounts of time. Upon a review of the record, we find that the judgment is not against the manifest weight of the evidence. Accordingly, appellant's assignment of error is not well taken. Judgment affirmed. -5- It is ordered that appellee recover of appellant his costs herein taxed. The court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this court directing the Common Pleas Court to carry this judgment into execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. DAVID T. MATIA, P.J., and HARPER, J., CONCUR. LEO M. SPELLACY JUDGE N.B. This entry is made pursuant to the third sentence of Rule 22(D), Ohio Rules of Appellate Procedure. This is an announcement of decision (see Rule 26). Ten (10) days from the date hereof this document will be stamped to indicate journalization, at which time it will become the judgment and order of the court and time period for review will begin to run. .