Eisenberg v. Perrye

Petitioners, as attorneys for an heir-at-law and legatee, unsuccessfully sought for six years to discover uninventoried assets in a decedent’s estate. In a petition filed in the estate and based on section 41 of the Civil Practice Act, they now seek attorneys’ fees and court costs from the executor and his attorneys on the theory that they wilfully concealed information from petitioners. After a hearing the Probate Division of the Circuit Court of Cook County dismissed the petition, and petitioners appeal.

The decedent, Julia Oppenheim, died testate on June 25, 1960, and Joseph Perrye…