O'MALLEY v. Walker

delivered tbe opinion of tbe court.

Defendant Maud G. Gardner appeals from an order entered in an action for partition apportioning as costs among all parties a charge of $2,000 made by Cbicago Title & Trust Company for procuring evidence of title, and a fee of $5,000 to plaintiff’s attorney for Ms services in the preparation and prosecution of the action.

The present action was originally brought on behalf of plaintiff’s decedent, John H. O’Malley. His attorney was Hylan J. Brown. The complaint named as defendants the appellant, executrix of the estate of Sarah Walker, deceased, trustee under…