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ESTATE OF WHEELER v. FRANCO

No. 01-3344.

256 Wis.2d 757 (2002)

2002 WI App 190

649 N.W.2d 711

IN RE the ESTATE OF June G. WHEELER: The ESTATE OF June G. WHEELER, Appellant, v. Patricia FRANCO and Diana Scott, Objectors-Respondents.

Court of Appeals of Wisconsin.

Decided June 19, 2002.

Attorney(s) appearing for the Case

On behalf of the appellant, the cause was submitted on the briefs of John E. Hotvedt of Lloyd, Phenicie, Lynch & Kelly, S.C. of Burlington.

On behalf of the objectors-respondents, the cause was submitted on the brief of Geoffrey Dowse of Madrigrano, Zievers, Aiello, Marry & Dowse, S.C. of Kenosha.

Before Nettesheim, P.J., Brown and Anderson, JJ.

¶ 1. BROWN, J.

The estate of June G. Wheeler appeals from a probate court order awarding attorney fees under WIS. STAT. § 879.37 (1999-2000)1 to Patricia Franco and Diana Scott, fees which they incurred in objecting to a claim filed against the estate. The estate argues that under the "equitable extraordinary circumstances" doctrine, a court may allow attorney fees only when the personal...

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