Whitehurst v. Baker

J. Paul Whitehurst ("the GAL") was appointed guardian ad litem for Joseph William Field, the minor child of Elizabeth Rowland Baker, deceased. The GAL unsuccessfully contested the decedent's will. He then claimed attorney fees and costs for acting as guardian ad litem, and the trial court ordered the estate to pay the GAL's fees and costs. Wilburn Michael Baker, the executor of the decedent's estate ("Baker"), petitioned the court for authority to satisfy the award to the GAL by the sale of certain specific assets of the estate. The trial court granted the petition. Because the assets to be…