Powell v. Barnard

This was a proceeding for the allowance and the determination of the amount of attorneys’ fees and expenses of the suit incurred by an executor in a will contest in which he was unsuccessful in establishing the will.

Mrs. Etta M. Bixby died, leaving a will by which she devised and bequeathed practically all of her estate to George W. Powell and appointed him executor of said will.

The will was contested by her heirs at law on the grounds of mental incapacity of the testator and fraud and undue influence on the part of Powell. The jury found against the will on the ground of undue influence.

The…