McCannon v. McCannon

*571OPINION

GRANT, Presiding Judge.

Appellant, the personal representative of the Dorothy Killen estate, defended Mrs. Killen’s will against a charge that it was invalid due to the testator’s lack of testamentary capacity. The probate court found the will to be invalid. It denied an award of attorneys’ fees to appellant, as personal representative, for defense of the will on the ground that it lacked jurisdiction to make such an award because the judgment regarding validity of the will was on appeal. The court noted that even if it had jurisdiction to award fees, appellant was not entitled to a fee…