IN RE ESTATE OF ZONAS

No. 87-1730.

42 Ohio St. 3d 8 (1989)

IN RE ESTATE OF ZONAS, DECEASED.

Supreme Court of Ohio.

Decided March 29, 1989.


Attorney(s) appearing for the Case

Cissell & Komarek, James C. Cissell and Paul A. Komarek, for appellants.

Frank & Goettke, Armin Frank, McCaslin, Imbus & McCaslin and Robert J. Imbus, Jr., for appellee.


ALICE ROBIE RESNICK, J.

The sole issue before this court is whether an attorney who is employed by beneficiaries of a contested will which is later found to be invalid can recover attorney fees from the estate pursuant to R.C. 2107.75.

Prior to 1945 Ohio courts set forth when attorney fees in a will contest could be payable out of the estate of the decedent since there was no statutory authority. Ordinarily, the courts held that attorney fees would be recoverable...

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