Hartley v. Alabama Nat. Bank of Montgomery

SIMPSON, Justice.

This appeal arises from a contest of one item of disbursement on final settlement of the account of appellee, as administrator of the estate of Mrs. Ella Barganier, deceased.

This item is the administrator’s payment of $1,000 to Dr. John A. Martin as compensation for attending court in a contest of decedent’s will and rendering his professional opinion of the testamentary capacity of the testatrix.

Disallowance of the item is rested on the argument that an expert witness is entitled to no greater compensation than the ordinary witness and that the payment aforesaid was…