Podret v. Superior Court

PHELPS, Justice.

This is an application for a writ of prohibition to prohibit the payment of attorneys’ fees and other costs of appeal from the proceeds of the estate of Leona Spiegel pursuant to an order of the superior court of Pima County, dated September 8, 1955.

The decree of distribution of the estate was entered on September 24, 1951, which, among other things, purported to distribute to Podret as trustee the sums bequeathed to certain alien legatees under the provisions of the Spiegel will. Podret was at the time the duly appointed, qualified and acting executor of said estate. The…