59-1504. Compensation and expenses.
59-1504
59-1504. Compensation and expenses.Whenever a decedent by will makes a provision for the compensation ofhis or her executor, that shall be taken as such executor's fullcompensation, unless the executor files a written instrument, renouncingall claim to the compensation provided for in the will. Whenever any personnamed in a will or codicil defends it, or prosecutes any proceedings ingood faith and with just cause, for the purpose of having it admitted toprobate, whether successful or not, or if any person successfully opposesthe probate of any will or codicil, such person shall be allowed out of theestate his or her necessary expenses and disbursements in such proceedings,together with such compensation for such person's services and those of hisor her attorneys as shall be just and proper.
Any heir at law or beneficiary under a will who, in good faith and forgood cause, successfully prosecutes or defends any other action for thebenefit of the ultimate recipients of the estate may be allowed his or hernecessary expenses, in the discretion of the court, including a reasonableattorney's fee.
History: L. 1939, ch. 180, § 115; L. 1941, ch. 284, § 16; L.1975, ch. 299, § 11; Jan. 1, 1976.