Clarksdale Hospital v. Wallis

The question involved is whether a legatee, under a will, whose claim to the legacy is unsuccessfully contested by the executor and some of the other legatees and devisees, is entitled to charge the whole estate with a reasonable attorney’s fee necessarily incurred in defending such contest.

Mrs. Martha (Mattie) Johnson died testate. In her will, she bequeathed to the Clarksdale Hospital the sum of $30,000. Several other legatees and also devisees were named in the will. The hospital’s claim for its legacy was contested by the executor and certain of the devisees and legatees upon the ground…