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Appeals court examines whether attorney‑fee motion nullified initial appeal in probate challenge to will
Summary
Panel wrestled with procedural question in a probate will‑contest: did a post‑judgment application for attorneys’ fees treated as a Rule 59 motion render the appellant’s earlier notice of appeal a nullity, requiring a new notice?
The Appeals Court on April 10 heard argument in an appeal emerging from a contested probate matter — the estate of Robert William Hallard — over whether a post‑judgment request for attorneys’ fees that a trial judge treated as a Rule 59 motion had the effect of nullifying an earlier notice of appeal.
Appellant counsel Andrea Kramer argued the probate court erred in treating the will‑proponents’ fee application as a Rule 59…
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