In Re Estate of Allison

This is an appeal on questions of law from an order of the Probate Court of Clark County denying the appellant any compensation for services rendered in obtaining the admission to probate of the will of Edith M. Allison.

The facts of the case are undisputed. Edith M. Allison died testate on May 18, 1964, and on June 6, 1964, an application to probate her will was filed in the Probate Court of Clark County. At the subsequent hearing, the subscribing witnesses to the will appeared in open court and testified as follows:

“We were not present at the execution and signing of the instrument of…