IN RE GUARDIANSHIP OF ALLEN v. ALLEN

No. 88-2133.

50 Ohio St. 3d 142 (1990)

IN RE GUARDIANSHIP OF ALLEN: WILBURN, GUARDIAN, APPELLANT AND CROSS-APPELLEE, v. ALLEN, WARD, APPELLEE AND CROSS-APPELLANT.

Supreme Court of Ohio.

Decided April 18, 1990.


Attorney(s) appearing for the Case

James R. Kingsley, for appellee and cross-appellant.

Bernard P. Wilburn, for appellant and cross-appellee.

Shane Egan, urging reversal on cross-appeal, for amicus curiae Ohio Legal Rights Service.


WRIGHT, J.

This case presents us with two questions. Appellant and cross-appellee Charles Wilburn asks this court to deny Benis attorney fees and expenses for challenging a guardianship, absent a finding of good faith, and a necessary service being rendered, coupled with a benefit being received by the ward. Here the court of appeals based its holding on the ward's ability to contract and to bind the estate. Appellee and cross-appellant Bernice Allen asks us to reverse...

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