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MATTER OF ESTATE OF BORREGO

No. 91-888.

490 N.W.2d 833 (1992)

In the Matter of the ESTATE OF Daniel BORREGO, Jr., Deceased, Appellee; Kent HUTCHESON, Appellant, v. FIRSTAR BANK BURLINGTON, N.A., Conservator for Shawna Lisa Andries and Gregory Daniel Andries; Farmers & Merchants Bank & Trust, Administrator of the Estate of Daniel J. Borrego, Jr.; Burlington Bank & Trust Company, Conservator for Sylvia Marie Borrego, Appellees.

Supreme Court of Iowa.

September 23, 1992.

Attorney(s) appearing for the Case

Emil Trott, Jr., Des Moines, for appellant.

Merry C. Ford of Ford Law Offices, Burlington, for appellee Firstar Bank Burlington, N.A., conservator for Shawna Lisa Andries and Gregory Daniel Andries.

James W. Miller, Cray, Goddard & Miller, Burlington, for appellee Farmers & Merchants Bank & Trust, adm'r of the estate of Daniel Borrego, Jr.

David A. Hirsch, Beckman & Hirsch, Burlington, for appellee Burlington Bank & Trust Co., conservator for Sylvia Marie Borrego.

Considered by McGIVERIN, C.J., and LARSON, SCHULTZ, NEUMAN, and ANDREASEN, JJ.

SCHULTZ, Justice.

This appeal involves a dispute over attorney fees in a probate matter arising from two orders of the district court. The first order set aside an earlier authorization for the payment of attorney fees to Kent Hutcheson. This order also required Hutcheson to either file an appropriate request for attorney fees or immediately reimburse the Daniel Borrego, Jr., estate the sum of $41,700, the fee previously authorized. The second order entered judgment...

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