IN RE ESTATE OF DAWSON

No. 1407.

117 Ohio App.3d 51 (1996)

In re ESTATE OF DAWSON.

Court of Appeals of Ohio, Second District, Drake County.

Decided December 27, 1996.


Attorney(s) appearing for the Case

Randolph J. Bernard and David W. Reid, for appellant Rosemary Rogers, executor.

Larry G. Crowell, for the estate of Catherine Dawson.

John A. Wannemacher, for James Dawson and Shirley Anderson.


FAIN, Judge.

Executor-appellant, Rosemary Rogers, appeals from a decision of the probate court denying payment of attorney fees, incurred during the administration of estate, from estate assets. The probate court based its holding upon a finding that the "hiring of attorneys was adverse to the estate," and was for the benefit of the executor personally.

We conclude that the probate court abused its discretion...

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