Titlow's Estate

Citations

• 163 Pa. 35
• 29 A. 758
• 1894 Pa. LEXIS 1138

Syllabus

<p>' Will—Issue devisavit vel non—Gosts— Executor.</p> <p>An executor is not bound to defend his testator’s will, and if he undertakes to do so, it must be as the agent of and in the interest of those benefited by his action.</p> <p>The executor of a will was a beneficiary under it in an amount largely in excess of what he would have received under the intestate laws.. The will Avas contested, and a verdict rendered against it. A second trial was .granted which resulted in a disagreement of the jury. The parties then entered into a compromise agreement by which the executor was to receive a somewhat reduced share,' and a verdict sustaining the will was accordingly entered. The evidence on the whole record tended to show doubtful testamentary capacity. Held that the usual taxable costs should be paid out of the decedent’s estate, and that the executor should not be allowed his claim for counsel fees, stenographer’s bill and personal services.</p>