In re Estate of Eppinger

This matter comes to us on direct appeal from the County Court of Madison County by petitioners who complain of the action of the County Court in sustaining a demurrer to their petition for attorneys’ fees.

From the following discussion the ultimate and sole question emerges as to whether an attorney’s fee will be allowed to attorneys employed only by the unsuccessful contestants of a will, even though the ordinary costs *55sometimes designated as “party to party” costs, as distinguished from extraordinary costs sometimes designated as “costs between solicitor and client” (Gillespie v. Federal…