Wilbur's Estate

Opinion by

Mr. Justice Linn,

The ultimate disposition of these appeals depends on whether the record contains facts that support (1) the order charging the two trust estates with the fees of counsel for the exceptant, and (2) the payment of auditor’s fees in the amounts awarded. We all agree that the evidence shows clearly that the cases are not within the rule permitting the award of counsel fees and also that, in the circumstances disclosed, the learned court erred in not reducing the auditor’s fees.

The only exceptant to the accounts is Mrs. Hazzard, beneficiary under the will of Ray Wilbur,…