In re Estate of Raichley

MAUCK, PJ.

In applying the equitable principle that attorneys may be compensated by a court, of equity out of a fund Which has been *300acquired or protected by those attorneys some states have gone so far as to permit such charges against an estate where counsel have failed to sustain a will. In Ohio, however, the Supreme Court long ago took the view that when a will is adjudged invalid the expenses incurred in the unsuccessful effort to sustain it can not be charged against the estate. Andrews’ Executors v His Administrators, 7 Oh St 143. At the same time, however, the court indicated, perhaps…