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IN RE ESTATE OF GORDON

No. 1 CA-CV 02-0353.

87 P.3d 89 (2004)

207 Ariz. 401

In the Matter of the Estate of Kathryn W. GORDON, Deceased. June Davis Pierce; Albert Clair Pierce II; Kathryn Pierce Ward; Susan Panchision; Janet Pierce Pesgraves; Kathryn Davis, Plaintiffs-Appellees, v. Nancy Molet, as Personal Representative, Defendant-Appellant.

Court of Appeals of Arizona, Division 1, Department A.

March 30, 2004.

Attorney(s) appearing for the Case

Blunt & Associates, P.C. By A. Paul Blunt, Scottsdale, Attorneys for Appellant.

Robert D. Barlow, Phoenix, Attorney for Appellees.

OPINION

SULT, Judge.

¶ 1 Arizona Revised Statutes ("A.R.S.") § 14-3720 (1995) permits a personal representative of a decedent's estate to be reimbursed attorneys' fees incurred in prosecuting or defending a claim, even though unsuccessfully, so long as the litigation is undertaken in good faith. The question raised in this appeal is whether our prior cases applying the statute have judicially engrafted a requirement that the personal representative...

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