Willingham v. Hood

BROWN, Justice.

After the will of Mattie F. Abbott, deceased, had been admitted to probate, and the administration of the estate had been removed into the circuit court sitting in equity, appellees filed their petition in said' pending administration proceedings, seeking an allowance of attorneys’ fees, under-the provisions of § 63, Title 46, Code of 1940, out of said estate payable to the petitioners, but to be taxed as part of the costs in said proceedings.

The administrator, cum testamento an— nexo, demurred to the petition, the court overruled the demurrer and the administrator appealed.

The…