McRoberts Estate

Opinion by

Baldrige, P. J.,

This appeal concerns the right of counsel to collect from petitioner in an Orphans’ Court partition proceeding his pro rata share of $6500, attorney’s fees, taxed by the court as part of the costs.

J ames McRoberts died intestate, unmarried, October 13,1939, leaving to survive him a brother, a half brother, a niece, and four nephews. At the time of his death he owned certain real estate in Allegheny County, later found to be of a value in excess of $200,000. His half brother, James Altenbaugh McRoberts, this appellant, to whom we will refer hereafter as James, on…