Sams v. Sams

BROWN, Justice.

This appeal is from a final decree of the circuit court, in equity, denying the petition of one of the devisees and distributees of the estate, in course of administration in equity, for an allowance of attorney’s fees under the provisions of § 63, Title 46, Code of 1940.

So far as appears from the record before us the petition was submitted and disposed of without proof other than arises from the recitals of the record, and “the material allegations of the petition” were denied. Some of the material averments are embodied in paragraph 3 of the petition and there is nothing in…