Legal Opinion

In Re Estate of Stull

Nebraska Court of Appeals

Decided April 20, 1999No. A-98-129PublishedCited by 6 opinions

1Opinion of the Court

Mues, Judge.

I. INTRODUCTION

Attorney E. Michael Slattery filed a will contest challenging two charitable bequests on behalf of a residuary beneficiary, Rosie Wolski. Slattery reached settlement agreements with the two charities which resulted in a substantial increase in the residuary estate. Slattery then sought attorney fees from the settlement funds based on the common fund doctrine. The trial court awarded Slattery one-third of the estimated settlements. Several members of the residuary appeal from that decision. For the reasons set forth below, we affirm in part, and in part reverse and…

2Cases cited22 opinions

  1. Boeing Co. v. Van GemertSupreme Court of the United States · 1980
  2. Central Railroad & Banking Co. of Ga. v. PettusSupreme Court of the United States · 1885
  3. Skelton v. General Motors Corp.Court of Appeals for the Seventh Circuit · 1988
  4. In Re "Agent Orange" Product Liability LitigationDistrict Court, E.D. New York · 1985
  5. United Services Automobile Association v. HillsNebraska Supreme Court · 1961

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3Cited by6 opinions

  1. Brody v. HellmanColorado Court of Appeals · 2007
  2. Simon v. City of OmahaNebraska Supreme Court · 2004
  3. In Re Estate of StullNebraska Supreme Court · 2001
  4. In Re Guardianship of Estate of TuckerNebraska Court of Appeals · 2000
  5. Entergy Arkansas, Inc. v. NebraskaDistrict Court, D. Nebraska · 2002

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