In Re the Estate of Archer

This is an appeal from a judgment allowing an attorney’s fee to the executrix in a will contest, upon a voluntary nonsuit by the contestants at the opening of the hearing.

These parties have twice been before this court, McLean v. Archer, 32 Wn. (2d) 234, 201 P. (2d) 184; Archer v. Archer Blower & Pipe Co., 32 Wn. (2d) 246, 201 P. (2d) 191.

In the present action, the will of Alfred Charles Archer was admitted to probate March 13, 1947. The record does not show when the original petition for contest was filed, but we assume that it was done within the statutory period. November 3, 1947, Olga…