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ESTATE OF ALBURN

23 Wis.2d 386 (1964)

ESTATE OF ALBURN: LEHMAN, Executor, Appellant, v. HENKEY and others, Respondents.

Supreme Court of Wisconsin.

March 31, 1964.

Attorney(s) appearing for the Case

For the appellant there was a brief by Smith & Miller of Jefferson, and oral argument by Richard C. Smith.

For the respondents there was a brief by Schultz & Slechta of Jefferson, and George R. Affeldt of Milwaukee, and oral argument by Jerry M. Slechta.

FAIRCHILD, J.

1. The controlling statutes. Ch. 324 is part of Title XXIX of the statutes, entitled "Proceedings in County Courts," and governing procedure in probate matters.2

Sec. 324.11, Stats., provides that costs may be allowed to the prevailing party in all appealable contested matters in county court except in jury trials. They may be ordered paid out of the estate if justice so requires. The "attorney's fee" portion...

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