Williams v. MacDougall

Citations

• 39 Cal. 80

Syllabus

<p>Will—Constbuction of.—Allowance fob the Support and Education of an Illegitimate Child.—The testator charged the bequest of his estate with the “support and education” of a minor illegitimate child, without naming any amount therefor. It was held, that, in determining what should be the style and manner of education and support, the conclusion must be arrived at by reference to the will, and on a fair and just interpretation of its provisions, considering all the circumstances which surrounded the testator, and the motives which probably actuated him.</p> <p>Counsel Fees.—As a general rule, counsel fees are not recoverable as costs by a successful party in actions either at law or in equity.</p> <p>Idem. —In equity the ordinary costs of the action are awarded or withheld at the discretion of the Court.</p> <p>Idem—Where counsel fees are allowed it generally proceeds on the ground of the contumacy of the party, or that the relief granted would he ineffectual without such allowance.</p>