People ex rel. Methodist Deaconess Orphanage v. Leech

Mr. Presiding Justice Huffman

delivered the opinion of the court.

Kate B. Stewart, a resident of Lee county, died testate. The executor nominated by the will failed to qualify and Martin D. Barnett was appointed administrator with the will annexed. The testatrix by the residuary clause of her will divided her residuary estate equally among the Methodist Deaconess Orphanage, Agard Deaconess Best Home, and the Berry Schools.

On February 6,1935, the administrator filed his petition in the county court for the fixing of an allowance to him in his accounts as such administrator, for legal services…