Chancery judge approves sale of Mary Lee Bruce Harden estate, defers attorney-fee award

Judge David D. Wolfe approved the special commissioner's report confirming the sale of property from the estate of Mary Lee Bruce Harden and approved expenses listed in the report, while directing counsel to submit a separate request for attorney fees.

The sale price listed in the report was $236,000. During the hearing the judge said he had reviewed the report and that no objections had been filed; he then approved the reported expenses, stating, "All the other expenses are reasonable, and I will approve all of those." The court did not set a specific dollar amount for attorney fees at the hearing.

Counsel for the estate asked the court to set a fee using "the usual percentage that is traditional in these kinds of cases," and the judge instructed counsel to submit a motion or a time affidavit by email for review. The judge said he would review the submitted documentation and "if it's appropriate, I'll approve it." Counsel indicated they would submit a decree confirming the sale and an affidavit about fees.

The judge noted the estate matter originated in Houston County and said that the closing is scheduled in Montgomery County on Wednesday at 10 a.m.; he directed counsel (identified in the hearing as Mr. Benson) to email the finalized decree to the court. The court record shows no filed objections to the special commissioner's report prior to the hearing.

The court's approval of the report confirms the sale and expenses as set out in the report; the final attorney-fee award will be determined after counsel files supporting documentation and the judge reviews it.