In Re: Estate of P. P. Cobb

Summary

The court reviewed a probate decree awarding $15,000 in attorneys' fees for successfully contesting and setting aside an alleged will. It held that the fee award should not be disturbed absent an abuse of discretion or application of an incorrect legal rule, and affirmed the judgment in all respects except that $721.95 in trial-preparation expenses was chargeable as costs against the estate. The decree was otherwise affirmed.

Holdings

1. The $15,000 attorney-fee award was not reversible because it did not clearly appear that the trial court abused its discretion or applied a wrong rule of law to the evidence.
2. The $721.95 expended by Doyle E. Carlton in preparing the case for trial could in equity be charged as costs against the estate.

Questions Presented

1. Whether the trial court abused its discretion or applied an incorrect legal rule in awarding $15,000 in attorney fees for the will contest.
2. Whether $721.95 spent by Doyle E. Carlton in preparing the case for trial could be charged as costs against the estate.

Disposition

affirmed