Robert H. McNair, as Co-Executor of the Estate of W.O. McNair v. Richard "Richie" Harold McNair

Reese, Judge.

In the third appearance of this case before this Court, Robert H. McNair ("the Appellant") appeals the award of attorney fees against him individually, 1 in relation to the jury trial on his petition contesting the will of Hazel McNair ("H. McNair"). 2 For the reasons set forth infra, we reverse.

The following are the pertinent facts from the record. Upon the death of H. McNair, her will dated September 17, 2001, was filed for probate in solemn form in the Turner County Probate Court in November 2011. Two co-executors, Richard McNair and Penny Thompson ("the Appellees"), were…