Legal Opinion

In re the Will of Ridge

Court of Appeals of North Carolina

Decided June 3, 1980No. 7918SC1065PublishedCited by 1 opinion

1Opinion of the Court

MARTIN (Harry C.), Judge.

Propounders question the propriety of awarding legal fees to caveators’ counsel and the amount of the award, to be paid from the assets of the estate.

Both parties rely upon the following statute:

Costs allowed either party or apportioned in discretion of court. — Costs in the following matters shall be taxed against either party, or apportioned among the parties, in the discretion of the court:(2) Caveats to wills and any action or proceeding which may require the construction of any will or trust agreement, or fix the rights and duties of parties thereunder; provided,…

2Cases cited3 opinions

  1. Godwin v. Wachovia Bank & Trust CompanySupreme Court of North Carolina · 1963
  2. In Re Will of SladeSupreme Court of North Carolina · 1938
  3. Mayo v. . JonesSupreme Court of North Carolina · 1878

3Cited by1 opinion

  1. In Re Estate of TucciCourt of Appeals of North Carolina · 1991

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