Estate of ELMA C. KORTHE, Deceased; GENEVA CLIFTON et al., Petitioners and Respondents, v. SECURITY FIRST NATIONAL BANK as Executor, etc., et al., Objectors and Appellants; ELLENE MORRIS et al., Objectors and Respondents

Holding

The court held that an attorney who represented several beneficiaries in a successful will contest could not recover his fees from the common estate fund where substantially all other beneficiaries were also represented by their own counsel, as the equitable rationale for such an award—preventing unfair advantage to passive beneficiaries and ensuring the litigant’s recovery is not consumed by expenses—did not apply.