Wagner v. Brownlee

ZINTER, Justice.

[¶ 1.] An estate beneficiary sued for interest on an unpaid devise. The beneficiary also sought attorney’s fees incurred in litigating a number of estate disputes. We reverse the circuit court’s denial of interest on the devise and affirm its award of partial attorney’s fees.

Facts and Procedural History

[¶ 2.] This is the second time this case has been appealed to this Court. See In re Estate of Brownlee, 2002 SD 142, 654 N.W.2d 206. As we indicated in the first appeal, Walter L. Brownlee, Sr., died testate on August 17, 1997. His Last Will and Testament was filed for probate…