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KIDNEY ASSOCIATION OF OREGON v. FERGUSON

CC 135-858; CA A45750; SC S36657.

843 P.2d 442 (1992)

315 Or. 135

In the Matter of the Estate of Ronald K. Ragan, Deceased. KIDNEY ASSOCIATION OF OREGON, INC., a corporation, Respondent on Review, v. Randall E. FERGUSON, Former Personal Representative, David Apple, Successor Personal Representative, of the Estate of Ronald K. Ragan, Deceased, Respondent, and Robert W. McMenamin, Petitioner on Review.

Supreme Court of Oregon.

Decided December 31, 1992.

Attorney(s) appearing for the Case

David Gernant, Portland, filed the petition and argued the cause for petitioner on review.

Morton A. Winkel, Portland, filed a response and argued the cause for respondent on review.

John H. Draneas, Portland, Thomas C. Howser, Ashland, Peter R. Jarvis, Campbell Richardson, Portland, and William F. Schroeder, Vale, filed a brief in propria persona as amici curiae.

Before PETERSON, C.J., and CARSON, GILLETTE, VAN HOOMISSEN, FADELEY and UNIS, JJ.

CARSON, Chief Justice.

Kidney Association of Oregon, Inc. (KAO), sole beneficiary of an estate, objected to the final accounting and petition for distribution of the estate, alleging that petitioner on review (petitioner), a probate lawyer who represented the estate's personal representative, violated a disciplinary rule and, therefore, should receive no fees from estate assets. The probate court found no ethical violation, but ordered payment of attorney fees to...

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