In Estate of Higgins (1910) 158 Cal. 355, the executor, who was also a beneficiary, opposed the contest of a will that benefited the executor over another beneficiary. The court concluded that under such circumstances, an award of the executor's fees from the estate would be inequitable. The court explained that "to hold otherwise would simply be to enable him by reason of his position as executor to subject the whole estate to such expenses as were incurred by him in litigation defended by him for his own sole benefit as a devisee and legatee under the assailed will." (Id. at p. 358.)