Greenway v. Irvine's

Opinion of the Court by

Commissioner Stanley

Reversing.

The matter of the estate of Mrs. Elizabeth Irvine, who died in 1920, is again before this court. See Greenway v. White, 196 Ky. 745, 246 S. W. 137, 32 A. L. R. 1385; White v. Greenway, 209 Ky. 368, 272 S. W. 920; Irvine v. Greenway, 220 Ky. 388, 295 S. W. 445; and Walker v. Irvine’s Executor, 225 Ky. 699, 9 S. W. (2d) 1020.

This appeal relates to the fees of the executor and his counsel, and presents these questions: (1) Did appellants have the right to have the amounts fixed by jury? (2) Was the submission of the case for decision of the…