Wells Ex Rel. Harris v. Odum

Is reasonable compensation for attorney for successful propounders in a caveat proceeding allowable and payable out of the assets of the estate?

The allowance of compensation to attorneys for caveators was discussed and decided by this Court In re Will of Howell, 204 N. C., 437, 168 S. E., 671. The Court said: “There seems to be no precedent in this jurisdiction for ordering an executor bringing the proceedings to pay out of the estate counsel fees for the attorneys for caveators. Nor is the authority supported in tendency by our decisions. They point in the other direction.” Therefore, the…