Hutchins v. Hutchins
Court of Appeals for the D.C. Circuit
Hearing on an appeal from an order of the Supreme Court of the District of Columbia, sitting as a probate court, dismissing a petition filed by the executors named in a will for counsel fees and costs incurred for propounding the will for probate, where probate was denied.
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Hearing on an appeal from an order of the Supreme Court of the District of Columbia, sitting as a probate court, dismissing a petition filed by the executors named in a will for counsel fees and costs incurred for propounding the will for probate, where probate was denied. Tbe Court in tbe opinion stated the facts as follows: This appeal is from decrees entered in the supreme court of the District of Columbia dismissing a petition tiled by appellants, Walter Stilson Hutchins and Charles L. Frailey, two of the executors named in what purported to be the last will and testament of Stilson…
1Opinion of the CourtJustice Van Orsdel
We come to the single question in this case, whether legal authority does exist for reimbursement from the corpus of the estate of executors named in a will, for counsel fees and costs incurred in defending the validity of the will in an action which results in an adverse verdict and judgment. It will be observed at the outset that the alignment of appellants as caveatees and defendants was in compliance with an order of the court, and not as a result of their voluntary intrusion into the case. This obligation imposed upon appellants by the court is, however, in our opinion, no greater than…
2Cases cited2 opinions
- Kenaday v. SinnottSupreme Court of the United States · 1901
- Fillinger v. ConleyIndiana Supreme Court · 1904
3Cited by3 opinions
- Watkins v. RivesCourt of Appeals for the D.C. Circuit · 1941
- James F. Bird, Executors of the Estate of Laura L. Jeffords, Formerly Laura L. Paul, Deceased v. Charles B. Sullivan, Jr.Court of Appeals for the D.C. Circuit · 1963
- Christopher v. KrausDistrict of Columbia Court of Appeals · 1977