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IN RE ESTATE OF SMITH

No. CX-88-2601.

444 N.W.2d 566 (1989)

In re The ESTATE OF Bert W. SMITH, deceased.

Court of Appeals of Minnesota.

Opinion Publication Ordered August 24, 1989.

Attorney(s) appearing for the Case

Robert D. Stoneburner, Paynesville, for appellant — Will Contestant.

Ronald C. Anderson, Willmar, for respondent — Will Proponent.

Richard L. Ronning, Willmar, for respondent — Estate of Bert W. Smith.

Heard, considered, and decided by NORTON, P.J., and RANDALL and MULALLY, JJ.

OPINION

RANDALL, Judge.

This appeal challenges an award of attorney fees directed both against an attorney and his client. The trial court found that appellant Ardelle Smith Cobb and her attorney, Robert D. Stoneburner, acted in bad faith, in a frivolous manner, and upon an unfounded position by contesting the will of Bert Smith. Therefore, the trial court awarded attorney fees of $3,472.50 to respondent Estate of Bert W. Smith pursuant

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