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MATTER OF FERRILL

No. 14447.

660 P.2d 593 (1983)

99 N.M. 503

In the Matter of the Last Will and Testament of Hazel Cash FERRILL, Deceased: Lyle E. TEUTSCH, Jr., Petitioner, v. Don CASH, Respondent.

Supreme Court of New Mexico.

March 22, 1983.

Attorney(s) appearing for the Case

Kegel, Montez & Piat, Ralph M. Montez, Santa Fe, for petitioner.

Popejoy & Leach, Thomas L. Popejoy, Jr., Richard E. Ransom, Albuquerque, for respondent.

OPINION

RIORDAN, Justice.

Lyle Teutsch (Teutsch), special administrator for the will of Hazel Cash Ferrill (Ferrill), petitioned the trial court for an allowance of attorney's fees in excess of the statutory amount. The trial court denied the request for excess attorney's fees as did the Court of Appeals. Certiorari was granted. We reverse.

The issue on appeal is whether a special administrator who hires an attorney to defend a contested will, is...

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