Evans v. Garvie

Following the rendition of the opinion in this case (ante p. 651) motions were filed by respective counsel for Mrs.- Evans and for the guardian of the minor that they be allowed reasonable sums as counsel fees for services in the case to be paid out of the corpus of the estate.

We think the case, though it took the form of a submission without action upon agreed facts, should be regarded in- the same light as if the trustee had filed a bill for instructions. The statement of facts set forth the conflicting claims of the mother and the son, and that the trustee was uncertain in respect to its…