Gould v. Rhode Island Hospital Trust Co.

Supreme Court of Rhode Island

Gould v. Rhode Island Hospital Trust Co.

170 A. 489, 54 R.I. 138, 1934 R.I. LEXIS 20

DecidedJanuary 24, 1934

StatusPublished

This text of 170 A. 489 (Gould v. Rhode Island Hospital Trust Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gould v. Rhode Island Hospital Trust Co., 170 A. 489, 54 R.I. 138, 1934 R.I. LEXIS 20 (R.I. 1934).

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Opinion

Per Curiam.

This is an appeal from a decree of the Superior Court allowing counsel fees after final decree was entered in said court by direction of this court. The facts are fully set forth in Gould v. Rhode Island Hospital Trust Co., 53 R. I. 422.

The allowance of counsel fees was made under the provisions of Section 22, Chapter 339, G. L. 1923, wherein it is provided that in any bill or petition in equity for the construction of a will a reasonable sum for expenses and counsel *139 fees may be allowed to parties defendant brought in by such bill or petition.

Robert P. Beagan, for complainant. Grim, & Littlefield, for respondents.

The complainant seeks an allowance for counsel fees and expenses on the ground that the answer of the Rhode Island Hospital Trust Co. is in the nature of a cross-bill which makes him a defendant and consequently entitled to the benefit of the statute.

The cause was certified to this court as a bill in equity for the construction of a will. It was so considered and determined. The answer of the Rhode Island Hospital Trust Co. was not treated in the nature of a cross-bill. It raises no question that was not raised by' the bill and no relief was granted to the respondent trust company except such as was incident to the determination of the question raised by the bill. Therefore the complainant does not come within the terms of the statute and is not entitled to an allowance for counsel fees.

The appeal is sustained and the decree appealed from is modified by striking out the award of counsel fees to Herman Ellis Gould. In all other respects said decree is affirmed.

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Per Curiam.

This is an appeal from a decree of the Superior Court allowing counsel fees after final decree was entered in said court by direction of this court. The facts are fully set forth in Gould v. Rhode Island Hospital Trust Co., 53 R. I. 422.

The allowance of counsel fees was made under the provisions of Section 22, Chapter 339, G. L. 1923, wherein it is provided that in any bill or petition in equity for the construction of a will a reasonable sum for expenses and counsel *139 fees may be allowed to parties defendant brought in by such bill or petition.

Robert P. Beagan, for complainant. Grim, & Littlefield, for respondents.

The complainant seeks an allowance for counsel fees and expenses on the ground that the answer of the Rhode Island Hospital Trust Co. is in the nature of a cross-bill which makes him a defendant and consequently entitled to the benefit of the statute.

The cause was certified to this court as a bill in equity for the construction of a will. It was so considered and determined. The answer of the Rhode Island Hospital Trust Co. was not treated in the nature of a cross-bill. It raises no question that was not raised by' the bill and no relief was granted to the respondent trust company except such as was incident to the determination of the question raised by the bill. Therefore the complainant does not come within the terms of the statute and is not entitled to an allowance for counsel fees.

The appeal is sustained and the decree appealed from is modified by striking out the award of counsel fees to Herman Ellis Gould. In all other respects said decree is affirmed.

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Bluebook (online)

170 A. 489, 54 R.I. 138, 1934 R.I. LEXIS 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gould-v-rhode-island-hospital-trust-co-ri-1934.