98 S.E. 538 | S.C. | 1919
March 18, 1919. The opinion of the Court was delivered by
The sole question raised by the appeal turns upon the construction to be placed upon the decision of this Court in the former appeal in this case reported in
The Court, in the former opinion, held that the executors had no right to employ so many attorneys, the same not being necessary, but, inasmuch as no one appealed, except the appellants, the decree as to them was reversed, but that the parties not appealing were bound. This means they are bound for their proportionate part of the fee, as formerly fixed, and not the whole as fixed. That had they appealed, the decree would have been reversed as to them, as well as the appellants. The probate Court properly construed the intention and decision of this Court. The exceptions are sustained, and judgment of Circuit Court reversed, and judgment of the probate Court affirmed and made the judgment.
Reversed.
MESSRS. JUSTICES HYDRICK, FRAMER and GAGE concur.
*487MR. CHIEF JUSTICE GARY did not sit.