Estate of Thompson

This is an appeal by Don R. Lehman from an order denying his petition for an allowance of attorney’s fees in addition to an allowance of executor’s fees. He had acted in the dual capacity as executor and attorney for himself as executor in proceedings for the probate of the estate of Carrie Haseltine Thompson, deceased.

Mr. Lehman, hereinafter designated the petitioner, is a duly licensed attorney at law and in the lifetime of the decedent acted as her attorney. By a second codicil attached to her will she nominated him as her sole executor and further directed, “that in the event [he] acts as…