FOSTER, Justice.
The question on this appeal is whether it is lawful to allow an attorney's fee out of the estate of a non compos mentis for services in representing the petition for an inquisition into his sanity, and for the trial of the same in which he was adjudged of unsound mind and a guardian appointed, and also for resisting proceedings to set aside and vacate the inquisition.
The ward, James E. Penney, was a very wealthy man eighty-eight years old...
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