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IN RE ESTATE OF WOLF

No. 91,225.

32 Kan.App. 2d 1247 (2004)

In the Matter of the Estate of FRANCIS J. WOLF, JR., a/k/a FRANCIS J. WOLF, Deceased.

Court of Appeals of Kansas.

Opinion filed September 3, 2004.

Attorney(s) appearing for the Case

John M. McFarland, of Kutak Rock, LLP, of Kansas City, Missouri, and David L. Higgins, of Higgins, Lysaught, Tomasic & Lynch, Chartered, of Kansas City, Kansas, for appellant Nancy J. Wolf.

Jeffrey B. Rosen and Kevin J. Breer, of Polsinelli, Shalton & Welte, P.C., of Overland Park, for appellee Marino & Wolf, Inc.

Before MARQUARDT, P.J., MALONE, J., and ERIC S. ROSEN, District Judge, assigned.

ROSEN, J.

Nancy J. Wolf, executrix of the Estate of Francis J. Wolf, Jr., appeals the trial court's award of attorney fees to Marino & Wolf, Inc. (M&W). We reverse.

Francis (Frank) J. Wolf, Jr., died in Wyandotte County, Kansas, on September 24, 1998. Shortly thereafter, Nancy, Frank's wife, filed a petition for probate of a lost will in Wyandotte County District Court. The trial court named Nancy as the executrix of Frank's estate (Estate). Among...

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