Slaughter's v. Caldwell

Opinion op the Court by

Judge Dietzman

Affirming.

The sole question presented by this appeal is whether or not an executor, who was the sole beneficiary under the will of which he was executor, is entitled to he allowed, out of the estate, counsel fees expended by him in the defense of a contest brought to break such will on the grounds of mental incapacity and undue influence, in which contest the contestants were successful. The facts relative to such will contest here involved may be found in the case of Beatty v. Caldwell, 210 Ky. 559, 276 S. W. 547. Although this precise question does not…