MATTER OF ESTATE OF KATSCHOR

No. 53955.

637 P.2d 855 (1981)

In the Matter of the ESTATE OF Carl KATSCHOR, Deceased. Phillip Kurt STUMPFF, a minor, Erik John Stumpff, a minor, Stacia Louise Stumpff, a minor, and Stefanie Pauline Stumpff, a minor, by Phillip W. Stumpff, their father and next friend, Appellants, v. Marie KATSCHOR, Appellee.

Supreme Court of Oklahoma.

Rehearing Denied January 7, 1982.


Attorney(s) appearing for the Case

Garvin, Bonney, Weaver & Corley, Duncan, for appellants.

Rice & West by Wm. O. West, Edmond, for appellee.


SIMMS, Justice:

The contestants of the will of Carl Katschor bring this appeal to settle the following question: Are successful will contestants entitled to recover their attorney fees out of the estate?

The trial court refused to award attorney fees under these circumstances and the Court of Appeals reversed the judgment below. We Grant Certiorari, Vacate the opinion of the Court of Appeals, and Affirm the trial...

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