Clark v. Clark

The majority opinion avoids a harsh result to the widow under the present fact situation, but it establishes a precedent which, I fear, will bring about far reaching and dangerous results and overturns a settled principle of law. I therefore must respectfully dissent.

The majority base their holding in this case on what must be conceded to be a strained construction in pari materia of Section 63, Title 46, Code 1940, and Section 59, Title 61, Code, in order to tax the attorneys’ fees of the Executor in the will contest case against the contestants.

Section 59, Title 61, supra, provides that…