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MATTER OF ESTATE OF SMITH

No. 2 CA-CIV 3939.

131 Ariz. 190 (1981)

639 P.2d 380

In the Matter of the ESTATE OF Margaret Cammack SMITH, Deceased. David S. SMITH, an Heir and Devisee of Decedent, Petitioner/Appellee, v. James M. MURPHY, Successor Personal Representative/Attorney for the Estate of Margaret Cammack Smith, Deceased, Respondent/Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied December 2, 1981.

Review Denied January 6, 1982.

Attorney(s) appearing for the Case

Russell S. Olds, Phoenix, for petitioner/appellee.

J. Emery Barker, Tucson, for respondent/appellant.

OPINION

HOWARD, Judge.

The issues presented by this appeal are as follows: (1) Did the trial court err in awarding attorney's fees in a sum less than the amount agreed upon by the personal representative and the attorney? (2) Did the trial court err in the amount it allowed for the fee of the personal representative? We conclude that it did not err in either instance and affirm.

Before Margaret Smith died, her estate was being cared for by a conservator...

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