In re the Estate of Statler

Citations

• 58 Wash. 199
• 108 P. 433
• 1910 Wash. LEXIS 917

Syllabus

<p>Wills—Probate—Contest—Costs—Allowance—Executors and Administrators—Claims Against Estate. The costs and expenses incurred for attorney’s fees in contesting the probate of a will are not a claim against the estate of the deceased which must be presented to the administrator for allowance, and they are properly allowed, when the will is held void, as a judgment against the estate, under Rem. & Bal. Code, § 1313, after a citation to the administrator and a hearing before the court.</p> <p>Same—Proceedings—Costs—Security for. A proceeding against an administrator by citation, to secure allowance of costs for contesting the probate of a will, is but a continuation of the probate contest, and a bond for security for costs by nonresident contestants cannot be required.</p> <p>Same—Costs—Parties Entitled—“Benefit” to Estate. Costs and attorney’s fees for contesting the probate of a will may be allowed as a “benefit” to the estate, where the contestants were successful. and the expenses when allowed reduce their residuary share in the estate.</p> <p>Same—Amount of Costs. Costs and attorney’s fees for contesting the probate of a will are not confined to the costs allowed by the general statutes, Rem. & Bal. Code, §481; but are governed by the special statute, Id., § 1313, in which no limitation is fixed.</p>