O'Brien v. O'Brien

SENIOR JUSTICE STEPHENSON

delivered the opinion of the Court.

In this appeal, we decide whether a provision in a will converted a legatee’s debt into an advancement. We also review the trial court’s rulings regarding the payment of attorneys’ fees.

I

Jonathan A. O’Brien and David S. O’Brien, as two of the executors of the will of Frances C. O’Brien and also in their individual capacities (the Complainants), filed a bill of complaint against Warren B. O’Brien, as an executor under the will and in his individual capacity. The Complainants sought to recover a judgment against their brother on a note…