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Estate of Stenson

6/7/1990

sual blood tests. Mr. Hooks testified that the work done by the attorneys demonstrated a high level of experience and skill. We conclude that substantial credible evidence, including detailed records of the work which was done, supports the reasonableness of the fees.


The District Court also found that the work of Mr. Woodahl and Luxan and Murfitt benefited the estate and its rightful heir. Had the wrongful death survivorship action not been successfully pursued, it appears that the estate of Alison Stenson would have consisted of a car and a motorcycle, for a total value of approximately $3400. The attorneys here formulated a theory whereby the estate was not limited to workers' compensation benefits as the exclusive remedy, but was able to realize a structured settlement of the present value of $300,000. Additionally, the heirship proceeding, for which the Luxan and Murfitt firm did extensive investigation, resulted in the determination of the rightful heir. We conclude that the services of Mr. Woodahl and the Luxan and Murfitt firm were a substantial benefit to the estate.


We conclude that the District Court did not err in awarding attorney fees pursuant to sec. 72-3-632, MCA. We affirm the award of attorney fees by the District Court.


CHIEF JUSTICE TURNAGE and JUSTICES HARRISON, HUNT, McDONOUGH and BARZ concur.


JUSTICE SHEEHY did not participate.




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