Manning v. Childress
U.S. Court of Appeals for the D.C. Circuit
Manning v. Childress, 48 App. D.C. 256 (D.C. Cir. 1919)
1919 U.S. App. LEXIS 2307
Orsdel
Manning v. Childress
Opinion of the Court
delivered the opinion of the Court:
This case is ruled in every particular by our opinion of this date in the case of Hutchins v. Hutchins, No. 2888, post, 286.
The judgment is reversed, with costs, to be taxed against the estate of Charlotte T. Dailey, deceased, and the cause is remanded for further proceedings not inconsistent with our opinion. Reversed and remanded.
Reference
- Full Case Name
- MANNING v. CHILDRESS
- Status
- Published
- Syllabus
- Executors and Administrators; Denial of Probate; Allowance of Counsel Pees. Section 143 of the D. C. Code (31 Stat. at L, 1214, chap. 854), providing that the supreme court sitting as a probate court shall have authority to render judgment for costs against the unsuccessful party in any proceeding, does not, by implication, prohibit the granting of an allowance to executors for counsel fees and expenses incurred in defending the validity of the will in a contested probate proceeding in which probate is denied. (Following Hutchins v. Hutch-ins, post. 286.)