Will v. Nicholson
Supreme Court of Iowa
'Appeal from Allamakee District Court. — IIon. A. N. Hob-son, Judge. The facts out of which this controversy grows are as follows: The will of John Nicholson, deceased, was probated in September, 1898, and Elizabeth Nicholson duly appointed executrix thereof. Said will contained the following among-other provisions: “After paying the foregoing amounts, I give and bequeath the balance of my property to be equally-divided between all of my nephews and nieces.”
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'Appeal from Allamakee District Court. — IIon. A. N. Hob-son, Judge. The facts out of which this controversy grows are as follows: The will of John Nicholson, deceased, was probated in September, 1898, and Elizabeth Nicholson duly appointed executrix thereof. Said will contained the following among-other provisions: “After paying the foregoing amounts, I give and bequeath the balance of my property to be equally-divided between all of my nephews and nieces.” John Downing, the petitioner in this proceeding, is a son and the only heir at law of Mary Fitzpatrick, a niece of John Nicholson, and…
1Opinion of the CourtBishop, J.
In this state tbe matter of tbe allowance to litigants of costs and expenses, including attorney’s fees, \s regulated by statute. There is no authority, therefore, for making an allowance in any given case, save as such may be found in some legislative utterance. Counsel for appellant does not question tbe doctrine thus generally stated. His contention is predicated upon tbe proposition that the proceeding was one for tbe construction of tbe will of John Nicholson, and that such proceeding was made necessary on tbe part of petitioner, in that tbe executrix, herself one of the legatees under…
2Cited by6 opinions
- Carpenter v. LothringerSupreme Court of Iowa · 1937
- In Re Law's EstateSupreme Court of Iowa · 1962
- In re the Estate of BerrySupreme Court of Iowa · 1912
- McNett & McNett v. BonnifieldSupreme Court of Iowa · 1929
- Beebe v. McFaulSupreme Court of Iowa · 1904
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