Hardy v. Hardy

The facts and circumstances out of which this appeal arises are set forth in detail in Hardy v. Hardy, ante, page 77 [330 P.2d 278], and hence it is unnecessary to restate the same.

The first contention of defendant, Eugene D. Hardy, who alone appeals, is that it was beyond the jurisdiction of the trial court to award attorney fees and costs to plaintiff on appeal. In the prior appeal we held that the order of the trial court awarding attorney fees and costs to plaintiff to be paid by Eugene as trustee out of John’s interest in the trust estate was reasonable and proper. The rationale of our…