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MATTER OF ESTATE OF SHEPLEY

No. 17618.

645 P.2d 605 (1982)

In the Matter of the ESTATE OF Gertrude Frandsen SHEPLEY, Deceased. Appeal of Paul J. BARTON, Eran A. Call, Steven G. Wright, Elton Reed Palmer, Jake T. Conklin, William C. Young, Ryan L. Thomas, co-partners dba Frandsen Estates.

Supreme Court of Utah.

March 17, 1982.

Attorney(s) appearing for the Case

David J. Bird, Richard L. Bird, Jr., Salt Lake City, for appellants.

Elwood Powell, Salt Lake City, for respondent.

HALL, Chief Justice:

Appellants appeal the district court's denial of their petition to require Charles Shepley, personal representative of the estate of the decedent Gertrude Shepley, to reserve funds from the estate for the purpose of paying appellants' attorney fees in a separate specific performance action against the estate.

On November 10, 1979, Charles Shepley, acting as attorney-in-fact for the decedent, agreed to sell certain real property to appellants...

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