Bath v. Bath

MOORE, Justice.

This is an appeal from an order granting a partial summary judgment. Plaintiff, Tisbey A. Bath, individually and as Independent Executor of the estate of his mother, Gertrude Bath, instituted suit against defendant, Paul Bath, seeking to recover the sum of $10,243.57, alleged to be Paul Bath’s pro rata share of additional federal estate taxes that was assessed and reduced to judgment after Paul’s share of the estate had been distributed to him. Plaintiff also sought a recovery against Paul for his pro rata share of the attorneys’ fees expended in defending the tax suit in the…