Foltz v. Boone

The single question involved in this case is this: Is an administrator who defends an action for specific performance of a contract to make a will alleged to have been made by his decedent, if unsuccessful in the defense, entitled to reimbursement for attorney fees and other expenses incurred by him in the contest?

*565It is the 'well-settled rule in Ohio that the executor who unsuccessfully defends a will contest cannot charge the expense of the defense to the estate. (Andrews’ Exrs. v. Andrews’ Admrs., 7 Ohio St., 151.) And this is true even though under the statute the executor is a necessary…