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KAHMANN v. BUCK

No. 25187.

446 S.W.2d 457 (1969)

Chris H. KAHMANN, Appellant, v. Rollin E. BUCK, Executor of the Estate of Emma Schmidt, Deceased, Respondent.

Kansas City Court of Appeals, Missouri.

October 6, 1969.

Attorney(s) appearing for the Case

Elwyn L. Cady, Jr., Independence, for appellant.

Morrison, Hecker, Cozad, Morrison & Curtis, Karl F. Schmidt, Carl F. Krauss, Kansas City, for respondent.

MAUGHMER, Commissioner.

When the testatrix during her lifetime contracted with a lawyer on a contingent fee basis to prosecute her claim for personal injuries, may such lawyer (unless formally discharged) require her executor to furnish expenses for an appeal of a lawsuit thereon, and to prosecute such suit to finality? That is the question.

The appellant Chris H. Kahmann is a practicing attorney. The respondent Rollin E. Buck is the executor of the estate...

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