In re Estate of Burgin

• Decision Date: 25 June 1921
• Citation: 183 N.W. 803,191 Iowa 898
• Parties: IN RE ESTATE OF L. C. BURGIN
• Court: Iowa Supreme Court

183 N.W. 803

191 Iowa 898

IN RE ESTATE OF L. C. BURGIN

Supreme Court of Iowa, Des Moines

June 25, 1921

Appeal from Clay District Court.--JAMES DELAND, Judge.

THE claimant, Ella M. Burgin, presented a claim against the administrator of her deceased husband's estate for reimbursement of expense incurred by her for attorney fees and medical testimony in an unsuccessful attempt on her part to establish the purported will of the deceased husband. Her petition was dismissed, and she has appealed.

Affirmed.

J. W Cory & Son, for appellant.

Heald & Cook, for appellee.

EVANS C. J. PRESTON, STEVENS, and ARTHUR, JJ., concur.

OPINION

EVANS, C. J.

L. C Burgin died in the latter part of 1915, and left surviving him his widow and two daughters as his only heirs at law. In April, 1908, he had executed a will. Shortly thereafter he was adjudged insane, and committed to the hospital at Cherokee, and there remained until his death. After his death, the widow, as the custodian of the will, filed the same, and later, as proponent, pressed it for probate. The probate thereof was contested by the daughters on the ground of mental incapacity. This defense prevailed, and probate was refused. The widow incurred a large expense in the way of attorneys' fees and fees of medical experts, amounting to more than $ 3,000. It is for these expenses that she claims reimbursement from the estate.

The only beneficiaries named in the will were the widow and daughters. In the will contest, the widow was represented by attorneys of her own choosing. Likewise, the daughters, in their contest of the same, were represented by attorneys of their own choosing. It is a case, therefore, where all the parties in interest have come voluntarily into court, and have tendered issue as between themselves, and have carried their contest to a final adjudication determinative of their rights. In such a case, no administrator, executor, or trustee of the estate was under any duty to intervene or to participate in any manner in the litigation. The adjudication between all the parties in interest became binding, not only as against them, but upon the estate as such, and upon any future administrator or trustee thereof. The case presented is, therefore, one of that class where the voluntary litigants are deemed to be litigating in their own interest and at their own expense. Each litigant is subject to the risk of liability for costs. Neither...