MATTER OF ESTATE OF PENCE

No. 92-318.

511 N.W.2d 651 (1993)

In the Matter of the ESTATE OF Leah A. PENCE, Deceased. Dorothy E. CARINGELLA, Claimant and Administrator for the Estate of Leah A. Pence, Appellant/Cross-Appellee, v. Steven C. MOORE, Temporary Administrator for the Estate of Leah A. Pence, Appellee/Cross-Appellant.

Court of Appeals of Iowa.

December 29, 1993.


Attorney(s) appearing for the Case

Timothy Wink and Jay T. Schweitzer, Columbus Junction, and Gregory A. Johnston, Muscatine, for appellant.

Donald L. Carr, II of Smith, Schneider, Stiles, Wimer, Hudson, Serangeli, Robinson, Mallaney, Shindler, Scalise & Sandre, P.C., Des Moines, and Steven A. Sents of Newell & Sents, Columbus Junction, for appellee.

Before SCHLEGEL, P.J., and HAYDEN and SACKETT, JJ.


SACKETT, Judge.

Appellant-claimant Dorothy E. Caringella appeals contending extraordinary fees and expenses for a special administrator and attorneys who represented a special administrator in contesting her claim against the estate of Leah Pence should not have been made a cost of administration and charged against the assets of the estate of Leah A. Pence. We agree. We reverse in part and modify in part.

Leah and her husband, John, who predeceased her, executed...

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