Estate of Scott

This is an appeal by the executors from portions of the decree settling their accounts and disallowing certain items therein. 1. The first item disallowed by the court is "Expenses of contest in the probate of will of Angelia R. Scott, deceased, $1,681.63." Under the heading "Disbursements by Executors" are set forth in the accounts several items, aggregating $1,686.13, claimed to have been incurred for expenses in establishing the validity of the will. Upon the hearing at the settlement of the accounts the court made the following finding of fact in reference to these items: — "I find that the items on the credit side of the second annual account, amounting to the sum of $1,686.13, including $1,560 drawn from the bank to pay the expenses of defending the will upon the contest for its admission to probate, are an improper credit, and ought not to be allowed excepting the item, 'January 15, 1899, by publication notice of the time and place for proof of the will, $4.50,' which is allowed. Total amount disallowed on this item, $1,681.63. "And as the executors did, on the 11th day of June, 1901, without any order of court, draw from the funds of the estate deposited in the…