287 S.W. 720 | Ky. Ct. App. | 1926
Affirming.
The sole question presented by this appeal is whether or not an executor, who was the sole beneficiary *262
under the will of which he was executor, is entitled to be allowed, out of the estate, counsel fees expended by him in the defense of a contest brought to break such will on the grounds of mental incapacity and undue influence, in which contest the contestants were successful. The facts relative to such will contest here involved may be found in the case of Beatty v. Caldwell,
We are therefore of the opinion that the lower court committed no error in disallowing the appellant the counsel fees he asked for and its judgment is affirmed.