Central Trust Co. v. Harris

The opinion of the court was delivered by

Smith, J.:

This is an action brought by trustees under a will to secure instructions from the court. That action resulted in judgment for the defendants. Certain beneficiaries under the will, who were defendants in the action, asked that the trial court fix a fee for *297their attorneys and tax it as costs against the trust estate. The court denied this motion, and those defendants appeal.

There is not much dispute about the facts. The petition of the trustees alleged that in the will of Joel Randall Burrow he named the Central Trust Company and James…