Logeman v. Wagner
Decision Date | 21 March 1966 |
Citation | 7 Ohio App.2d 48,218 N.E.2d 761,36 O.O.2d 124 |
Parties | , 36 O.O.2d 124 LOGEMAN, Appellee, v. WAGNER et al., Appellants. |
Court | Ohio Court of Appeals |
William J. Rielly and Frank E. Cunningham, Cincinnati, for appellee.
Kruse, Outcalt & Undercoffer, Cincinnati, for appelleants.
Appellants are the fiduciary and their attorneys who, by virtue of Section 2741.04, Revised Code, moved for an allowance of compensation in their unsuccessful defense in the contest of the will of William W. Wagner, Sr., wherein a jury found by vote of ten to two that the paper writing purporting to be the last will of William W. Wagner, Sr., was not his last will, which is the sole issue in a will contest case and may not be varied by the pleadings.
The trial court overruled the motion and further found that in this case it would not be proper to make an allowance.
Appellee states the issue presented by the appeal to be-'Is it mandatory for a trial court to award attorneys' fees and executors' fees to the unsuccessful defendants of a will contest case?'
After providing the issue as stated above be tried by a jury, Section 2741.04, Revised Code, provides in part as follows:
* * *'
The second amended narrative bill of exceptions consists of statements of counsel of their legal position, which are not evidence, and testimony as to the reasonable value of the services rendered, broken down into hours worked before trial at so much per hour, and court fees for four days in Common Pleas Court, Court of Appeals and the Supreme Court of Ohio, for two attorneys.
In prosecuting an appeal to the Court of Appeals and thence to the Supreme Court of Ohio, appellants suffered a diametric change of position from one of defending a will to one of attacking a judgment. No provision for compensation covering appeals is made in the statute, but rather, by the statute, the appeals being unsuccessful, the jury verdict became conclusive....
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Estate of Zonas, In re
...to the Anninos group in the amount of $21,700.04, holding that it was bound to do so because of the case of Logeman v. Wagner (1966), 7 Ohio App.2d 48, 36 O.O.2d 124, 218 N.E.2d 761. On appeal, the court of appeals overruled Logeman, supra, to the extent that Logeman held that an attorney f......
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Trubulas v. Doland
...amended pleadings when the amendments can be said to relate back to the original filing under Civ.R. 15. 2. Logeman v. Wagner (1966), 7 Ohio App.2d 48, 36 O.O.2d 124, 218 N.E.2d 761, is overruled. Proper interpretation of the attorney fee statute, R.C. 2107.75, is that the probate judge has......
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Jeffrey G. Woosley v. Maurice E. Beathard, Executor
...The main issue in a will contest is whether the writing produced is the last will and testament of the testator. See, Logeman v. Wagner (1966), 7 Ohio App. 2d 48; Skorapa v. Skorapa (Probate Ct. 1961), Ohio Law Abs. 232. Appellant has sufficiently raised that issue and his complaint gives a......
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