Williams v. Kane

Summary

The Florida Supreme Court reviewed an award of attorney fees and costs to a named executor whose purported will was denied probate for lack of testamentary capacity. The court held that the executor was prima facie justified in offering the will, had not acted in bad faith, and that the probate court did not abuse its discretion in awarding $1,000 in attorney fees and $120 in costs.

Holdings

1. An executor named under a purported will may seek attorney fees and costs when the named executor was prima facie justified in offering the instrument for probate and the instrument was in proper form.
2. The evidence did not establish bad faith sufficient to disqualify the appellant from applying for compensation.
3. The probate court did not abuse its sound discretion by awarding $1,000 in attorney fees and $120 in costs.

Questions Presented

1. Whether an executor named in a purported will may recover attorney fees and costs after probate of the instrument is refused.
2. Whether the evidence established bad faith that would disqualify the appellant from recovering compensation.
3. Whether the probate court abused its discretion in awarding $1,000 in attorney fees and $120 in costs.

Disposition

affirmed