In Re Estate of Drummond

Law Offices of Michael T. Morrissey, Michael T. Morrissey, for Objectors and Appellants George G. Drummond et al.

Willoughby, Stuart & Bening, Bradley A. Bening, San Jose, Law Offices of Michael G. Demarais, Michael G. Demarais, for Petitioner and Respondent Michael G. Desmarais.

RUSHING, P.J.

This is an appeal by the contestants of a will from an order denying their claim for attorney fees after this court directed their former attorney to pursue his claims against them in another forum. Surmising that the court below considered their motion for fees unripe, appellants contend that the court had the power to award their fees and should have done so. We doubt the correctness of this proposition but conclude that in any event the claim for fees could properly be;, and presumptively was, denied on the ground that appellants were not the prevailing parties for purposes of a fee award. Since appellants have failed to show that such a finding was unwarranted, we will affirm the order.

Appellants George R. Drummond, Rebecca J. Drummond, and Jessie L. Marion are the children of George Marion Drummond, who died after apparently attempting to bequeath his entire estate to his wife of a…