In re the last Will of Jackman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. After the circuit court had rendered judgment in favor of the contestant of the will in this case, it made an order, on motion of said contestant, directing the special administrators (who had been appointed by the county court to take charge of the estate pending the litigation) to pay the contestant, from the moneys of the estate, the sum of $113.28, “ for his necessary disbursements made and expended ” in the matter of said…
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APPEAL from the Circuit Court for Rock County. After the circuit court had rendered judgment in favor of the contestant of the will in this case, it made an order, on motion of said contestant, directing the special administrators (who had been appointed by the county court to take charge of the estate pending the litigation) to pay the contestant, from the moneys of the estate, the sum of $113.28, “ for his necessary disbursements made and expended ” in the matter of said estate, and also the further sum of $2,000, “ for attorney’s fees in such matter.” Erom this order the proponents of the…
1Opinion of the CourtPaine, J.
The judgment of the circuit court, declaring the invalidity of the will in this case, having been reversed on appeal by this court, this order, which was subsequently made for the payment of the costs and disbursements of the contestant by the special administrator, should also be reversed, as its only foundation was the judgment, and the costs should abide the event.
But, independent of this ground for reversal, the order is improper in itself. It directs the sum of two thousand dollars to be paid to the contestant, out of the estate, as attorneys’ fees. We do not think there is any statute…
2Cases cited2 opinions
- Devin v. . PatchinNew York Court of Appeals · 1863
- Lee v. LeeNew York Supreme Court · 1863
3Cited by3 opinions
- Olmstead v. BussCalifornia Supreme Court · 1898
- Baker v. BakerWisconsin Supreme Court · 1881
- In re WillWisconsin Supreme Court · 1881