Estate of Brightman

This appeal is from an order allowing the sum of $4,000 to the respondents, $1,000 of which had already been paid, as attorneys’ fees for extraordinary services. The facts are briefly: That appellant is the widow of decedent and the sole legatee under and executrix of the last will and testament of deceased, except that $4,000 was willed to the daughters of deceased by a former marriage; that after the admission to probate of the will a contest was filed by Clarence E. Brightman, a son of the deceased by a former marriage, in which the contestant alleged unsoundness of mind on the part of the testator and undue influence exerted upon the testator by appellant as grounds for the revocation of the order admitting the will to probate, and also averred that by reason of undue influence by appellant upon deceased and with a preconceived plan to defraud the heirs of the deceased, she had through a course of years secured to be placed in her name property belonging to deceased, of great value. The estate which was inventoried amounted at appraised values to the sum of $23,240. Respondents prepared and filed a demurrer and motion to strike, and upon argument the demurrer was sustained. An…