Kennedy v. Wollenberg

I dissent.

The majority opinion reaches a shocking result. It holds that heirs who were solely responsible for bringing a fund into the decedent’s estate receive nothing as a result of their *137efforts. This inequitable result is reached even though there would have been no property in the estate to distribute to the named residuary legatees had the heirs failed to take the action the costs of which are now charged to them alone. This result is not compelled by the law and is contrary to elementary rules of fairness and justice.

The probate court specifically found: “ [Tjhat without said legal…