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MATTER OF ESTATE OF KUNZLER

No. 15508.

707 P.2d 461 (1985)

109 Idaho 350

In the Matter of the ESTATE OF William KUNZLER, Deceased. Floyd KUNZLER, William Kunzler, Jr., and Will Reese Kunzler, Appellants, v. Glen KUNZLER, Respondent.

Court of Appeals of Idaho.

On Rehearing September 30, 1985.

Attorney(s) appearing for the Case

Alfred E. Barrus (Barrus & Bywater), Burley, for appellants William Kunzler, Jr., and Will Reese Kunzler.

Mark J. Taylor, Rupert, for appellant, Floyd Kunzler.

Steven A. Tuft (Goodman & Duff), Rupert, for respondent, Glen Kunzler.

William Parsons, Burley, appeared at oral argument, but filed no brief, on behalf of the First Interstate Bank of Idaho (a party in interest not named in this appeal).

BURNETT, Judge.

This appeal focuses upon an award of attorney fees to an heir who sought, and ultimately obtained, removal of a personal representative and sale of certain real property during administration of a decedent's estate. Fees were awarded not by the magistrate, who declined to make such an award, but by the district judge on appeal. The district judge decided that the magistrate had acted under a misapprehension of the legal standard governing fee awards...

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