Estate of O'Connor

The question involved in this appeal is whether the superior court has jurisdiction to make an allowance to a testamentary trustee for counsel fees in obtaining a distribution of the estate to the trustees. The deceased died possessed of an estate of very considerable value, consisting of real and personal property, which by his last will was devised in trust to appellant and respondent as trustees; the respondent being also named as executrix of the will. She duly qualified as such executrix and entered upon the discharge of her duties as such. It appears from the uncontradicted statement of Mr. Robert W. Harrison, which was received in evidence, as setting forth the facts to which he would testify, that he “was consulted by William M. O’Connor as to his rights as trustee under the will of Cornelius O’Connor, deceased,” and on March 24, 1900, prepared and caused to be duly served upon the attorneys 'for respondent a paper asserting his rights as such trustee, and also a notice of his appearance as such trustee in the matter of said estate, and filed the said papers in the proceedings for the administration of said estate and also recorded a revocation of a power of attorney which…