Smith v. Callison

SEBRING, J.:

Nicholas P. Alkire, a resident of the State of Florida, died leaving a last will, and testament. The will was duly admitted to probate. Thereafter, appellees unsuccessfully sought, by appropriate proceedings, to revoke the probate of said will. They were represented in their efforts by an attorney, who took the employment on a contingent basis, and who has not been compensated for his services.

Under such circumstances, does the county judge have authority to order payment of an attorney’s fee to such unsuccessful litigants, or their attorney, to be made out of the assets of the…