NETTESHEIM, J.
A ruling of the probate court permitted David C. Balson to disclaim his remainder interest to certain real estate created by the will of his father, Charles E. Balson. As a result, the court permitted David to share in the distribution of the disclaimed property pursuant to a residuary clause in the will. The probate court also awarded David, as the prevailing party, his attorney's fees and costs. Donna Spatt and
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