Atkinson & Doty v. May's Estate
Nebraska Supreme Court
Error from the district court of Lancaster county. Tried below before Tibdets, J. Expenses of litigation in attempting to support a will should be allowed, against the estate; and attorneys’ fees should be included. (Meeker v. Meeker, 37 N. W. Rep. [Ia.] 773; Moore v. Alden, 80 Me. 301; Mathis v. Pitman, 32 Neb. 191; Glen v. Fisher, 10 Am. Dec. [N. Y.] 310.) Plaintiffs’ claim was properly disallowed. (Lusk v. Patterson, 30 Pac. Rep. [Colo.] 253.)
1Opinion of the Court
Ragan, C.
Nancy Jennie May died in Lancaster county, leaving a paper purporting to be her last will and testament, in and by which she bequeathed $1,000 to the “African Mission under Bishop Taylor’s Jurisdiction.” This paper vms presented to the county court of said county for probate, and its probate resisted. Bishop Taylor, or some one acting for him, employed Messrs. Atkinson & Doty, attorneys and counsellors at law of the Lancaster county bar, 'to assist in the litigation which ensued over the “contest of .this will, The county court admitted the *138will to probate and the contestants…
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