Waller's Estate

Citations

• 62 Pa. Super. 332
• 1916 Pa. Super. LEXIS 417

Syllabus

<p>Executors and administrators — Trusts and trustees — Will—Costs of will contest.</p> <p>. The general rule that an executor will not be allowed counsel fees and costs in a contest to sustain a will by which he was appointed, does not apply where the executor is also a trustee, under a will which establishes a spendthrift trust. In such a case the trustee is a legatee under the will, and when he accepts the trust, he owes to the interests which he represents the duty of upholding the will against any attack made upon it.</p>