Weir v. Weir

Citations

• 18 Ohio C.C. Dec. 199
• 7 Ohio C.C. (n.s.) 289
• 1906 Ohio Misc. LEXIS 343

Syllabus

<p>EXECUTORS AND ADMINISTRATORS — WILL»</p> <p>Jelke, Swing and Giffen, JJ.</p> <p>1. Whether Executor Allowed Expenses for Depending Will Depends upon Particular Circumstances.</p> <p>The question as to whether or not an executor may be allowed credit on his account for expenses incurred in the successful defense of a will contest depends upon the circumstances of each particular case.</p> <p>5. Executor Allowed Expenses in Defending Will when Done Disinterestedly.</p> <p>While an executor is not bound to assume the defense of a contest of a will, he may do so, and where this is done in a disinterested effort to maintain it and preserve the trust therein created and to effectuate the intention of the testator, a court of chancery may allow the executor credit in his account for his expenses incurred in the successful defense of such will.</p> <p>45. - Executor not Allowed Expenses in Defending Will, when Large Special Bequest is Made to him.</p> <p>The court wifi not allow an executor his expenses incurred in defending a will where it appears that he is a legatee thereunder, and that the special bequest to him is the one inviting the attack.</p> <p>tSyllabus approved by the court.]</p>