In any action brought to a court of equitable jurisdiction for the construction of a will or for the advice of the court as to the administration of an estate or trust under a will or trust instrument, by any person acting in a fiduciary capacity thereunder, there shall be allowed to each of the parties to the proceeding such reasonable sum for expenses and counsel fees as the court, in its discretion, deems equitable. The allowance shall be taxed as costs in the action, to be paid out of the estate.

(1949 Rev., S. 7997; 1955, S. 3190d; P.A. 82-160, S. 125.)

History: P.A. 82-160 rephrased the section.

When expenses of litigation not payable out of estate. 50 C. 577. After settlement and distribution, executor cannot maintain a suit for construction of the will. 60 C. 398. Suit can properly be brought only by an executor or trustee claiming under the will. 63 C. 309. Provision de expenses and counsel fees is merely declaratory of existing rules of chancery practice. 65 C. 175. Where decree of lower court in part affirmed, remanding case with directions to enter judgment, with provision for allowance and costs. Id., 183. The determination of the amount to be allowed for expenses and counsel fees is a judicial matter for the court; it cannot be left to the clerk or to the parties. 72 C. 32. Cited. Id., 328. Where suit involved only one-third of estate, costs were imposed on that third. Id., 494. Trial court, in giving judgment, cannot reserve right to make allowances in case of an appeal. 82 C. 195. Costs taxed against entire estate. 102 C. 508. Against entire residuary estate. 105 C. 756. Superior Court has no power to allow counsel fees in contest over admission of will. 131 C. 224. No abuse of discretion in amount allowed by court as counsel fees. 137 C. 516. General estate liable for expenses and counsel fees; if action relates to particular property or fund, equitable principles apply. 141 C. 163. Appeals from decree of Probate Court not proceedings embraced within statute. 153 C. 490, 500. Court may not retain jurisdiction by stating in its judgment that determination of expense and counsel fee allowance would take place later. 154 C. 352, 362. Expenses and counsel fees of parties not allowed where trustee sought advice as to transactions extraneous to trust instrument on which claims were based. 157 C. 315. Plea for advice as to distribution of trust renders trust estate subject to provisions of statute. 160 C. 250. Cited. 161 C. 312; 183 C. 85; 212 C. 678.

Cited. 7 CS 235. In action by executor seeking determination of ownership of certain savings accounts, counsel fees cannot be awarded. 16 CS 391. Counsel fees in action for construction of will not chargeable against portion of will as to which there is no ambiguity. 17 CS 44. Cited. 42 CS 474.