Supreme Court of Rhode Island, 1896

Wood v. Hammond

Wood v. Hammond
Supreme Court of Rhode Island · Decided January 8, 1896
36 A. 1135; 19 R.I. 398

Wood v. Hammond

Opinion of the Court

The general rule is that the expenses of determining questions which arise upon a will, occasioned by the testator, *399 shall be borne by the estate and paid out of the general assets. Sawyer v. Baldwin, 20 Pick. 373, 383, 389; Bowditch v. Soltyk, 99 Mass. 136, 141 ; Deane v. Home for Aged Colored Women, 111 Mass. 132, 135; Morse v. Stearns, 131 Mass. 389, 391; Wilson v. Squire, 13 Simons, 212, 213; Attorney General v. Lawes, 8 Hare, 32 ; Charter v. Charter, L. R. 7 H. L. 364.

William G. Roelker, for complainants. Tillinghast, Ely, Douglas, Almy, Woods, Burbank & Gardner, for different respondents.

We are of the opinion, therefore, that the motion of certain of the respondents for a reasonable allowance for counsel fees and expenses incurred in litigating the questions arising on the will should be granted.

We will hear the parties as to the amount of such allowance.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.