Cited by
Opinions in Arizona that cite In Re Balke's Estate, 206 P.2d 732.
- In Re Estate of Friedman 177 P.3d 290 Ariz. Ct. App. Div. 1 2008
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In Re Estate of Friedman
177 P.3d 290
Ariz. Ct. App. Div. 1 2008
See In re Wright’s Estate, , (ruling that the court will not award fees from an estate for services performed by an attorney not employed by the personal representative for services rendered to benefit an individual or group of individuals interested in the estate) (quoting In re Balke’s Estate, , ), disapproved of on other grounds by Marvin Johnson, P.C.
- Circle K Convenience Stores, Inc. v. City of Phoenix 870 P.2d 1198 Ariz. Ct. App. Div. 2 1993
- Circle K Convenience Stores, Inc. v. City of Phoenix 870 P.2d 1198 Ariz. Ct. App. Div. 2 1993
- Matter of Estate of Brown 670 P.2d 414 Ariz. Ct. App. Div. 1 1983
- Burch & Cracchiolo, P.A. v. First National Bank 670 P.2d 414 Ariz. Ct. App. Div. 1 1983
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Matter of Estate of Brown
670 P.2d 414
Ariz. Ct. App. Div. 1 1983
The inception of the rule dates back to the case of , which squarely addressed the issue.
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Burch & Cracchiolo, P.A. v. First National Bank
670 P.2d 414
Ariz. Ct. App. Div. 1 1983
The inception of the rule dates back to the case of In re Balke’s Estate, , which squarely addressed the issue.
- Matter of Estate of Wright 647 P.2d 1153 Ariz. Ct. App. Div. 2 1982
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Matter of Estate of Wright
647 P.2d 1153
Ariz. Ct. App. Div. 2 1982
We are mindful of the holding of In re Balke’s Estate, , that: “The general rule is that no allowance may be made out of the estate of a deceased person for the services of an attorney not employed by the personal representative of the estate, where the services were rendered for the sole benefit of an individual or group of individuals interested in the estate.” (qu
- Sanders v. Boyer 613 P.2d 1291 Ariz. Ct. App. Div. 1 1980
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Sanders v. Boyer
613 P.2d 1291
Ariz. Ct. App. Div. 1 1980
tated in Colvin ] has been amplified in probate proceedings to provide that: ‘[N]o allowance may be made out of the estate of a deceased person for the services of an attorney not employed by the personal representative of the estate, where the services were rendered for the sole benefit of an individual or group of individuals interested in the estate.’ “In re Balke’s Estate
- Matter of Estate of Balcomb 562 P.2d 399 Ariz. Ct. App. Div. 1 1977
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Matter of Estate of Balcomb
562 P.2d 399
Ariz. Ct. App. Div. 1 1977
Since he must be considered a party aggrieved by a court order affecting the estate, In re Balke’s Estate, , In re Estate of McCabe, 11 Ariz.App.
- Great Western Bank & Trust v. Myers 514 P.2d 463 Ariz. 1973
- Great Western Bank & Trust v. Myers 514 P.2d 463 Ariz. 1973
- In Re Estate of O'Brien 502 P.2d 176 Ariz. Ct. App. Div. 1 1972
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In Re Estate of O'Brien
502 P.2d 176
Ariz. Ct. App. Div. 1 1972
This rule has been amplified in probate proceedings to provide that: “ ‘[N]o allowance may be made out of the estate of a deceased person for the services of an attorney not employed by the personal representative of the estate, where the services were rendered for the sole benefit of an individual or group of individuals interested in the estate.’ ” In re Balke’s Estate
- In Re Estate of Pfeffer 492 P.2d 27 Ariz. Ct. App. Div. 2 1971
- In Re Estate of Pfeffer 492 P.2d 27 Ariz. Ct. App. Div. 2 1971
- In Re Estate of Appleton 489 P.2d 864 Ariz. Ct. App. Div. 1 1971
- In Re Estate of Appleton 489 P.2d 864 Ariz. Ct. App. Div. 1 1971
- Valley National Bank v. Lewin 488 P.2d 671 Ariz. Ct. App. Div. 1 1971
- In Re Estate and Guardianship of Vermeersch 488 P.2d 671 Ariz. Ct. App. Div. 1 1971
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Valley National Bank v. Lewin
488 P.2d 671
Ariz. Ct. App. Div. 1 1971
Nor do we consider that In re Balke’s Estate, , Podret v. Superior Court, supra, , relied upon by appellant, require a contrary result.
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In Re Estate and Guardianship of Vermeersch
488 P.2d 671
Ariz. Ct. App. Div. 1 1971
Nor do we consider that , Podret v. Superior Court, supra , , relied upon by appellant, require a contrary result.
- Crosby v. Smith 475 P.2d 728 Ariz. Ct. App. Div. 1 1970
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Crosby v. Smith
475 P.2d 728
Ariz. Ct. App. Div. 1 1970
34S P.2d 210, 215 (1959) ; In re Balke’s Estate
- Valley National Bank v. Tamms 466 P.2d 774 Ariz. Ct. App. Div. 2 1970
- Valley National Bank v. Tamms 466 P.2d 774 Ariz. Ct. App. Div. 2 1970
- In Re Estate of Wiswall 464 P.2d 634 Ariz. Ct. App. Div. 2 1970
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In Re Estate of Wiswall
464 P.2d 634
Ariz. Ct. App. Div. 2 1970
It has been held in In re Balke’s Estate, , , that it is beyond the power of the probate court to allow attorneys’ fees to attorneys other- than those employed by the executor.
- Grand Canyon College v. Goms 461 P.2d 484 Ariz. 1969
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Grand Canyon College v. Goms
461 P.2d 484
Ariz. 1969
and In re Balke’s Estate, , are cited in support of the proposition that probate procedure is a creature of statute and therefore strictly regulated by statute.
- Isaak v. Superior Court 443 P.2d 911 Ariz. 1968
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Isaak v. Superior Court
443 P.2d 911
Ariz. 1968
In re Balke’s Estate, , .
- Palms Clinic & Hospital, Inc. v. Arizona Society for Crippled Children & Adults, Inc. 433 P.2d 296 Ariz. Ct. App. Div. 1 1967
- In Re Estate of Daley 433 P.2d 296 Ariz. Ct. App. Div. 1 1967
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In Re Estate of Daley
433 P.2d 296
Ariz. Ct. App. Div. 1 1967
In its brief, the appellant raises the issue of estoppel, claiming that the November 26, 1962 decree of partial distribution to the San Diego Trust fixed its status as a beneficiary under the will, , and , and since it was an appealable order, (A.R.S.
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Palms Clinic & Hospital, Inc. v. Arizona Society for Crippled Children & Adults, Inc.
433 P.2d 296
Ariz. Ct. App. Div. 1 1967
In its brief, the appellant raises the issue of estoppel, claiming that the November 26, 1962 decree of partial distribution to the San Diego Trust fixed its status as a beneficiary under the will, , and In re Balke’s Estate, , and since it was an appeal-able order, (A.R.S.
- State Ex Rel. Industrial Commission v. Smith 431 P.2d 902 Ariz. Ct. App. Div. 2 1967
- State Ex Rel. Industrial Commission v. Smith 431 P.2d 902 Ariz. Ct. App. Div. 2 1967
- Glass v. Mackin 421 P.2d 895 Ariz. 1966
- In Re Estate of McConnell 421 P.2d 895 Ariz. 1966
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In Re Estate of McConnell
421 P.2d 895
Ariz. 1966
In , , the court was faced with the problem of the allowance of attorneys' fees to be paid from the estate, and said: "* * * Speaking generally, the rule is that attorneys' fees can be collected only when such fees are specifically allowed by statute or have been contracted for by the parties.
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Glass v. Mackin
421 P.2d 895
Ariz. 1966
In re Balke’s Estate, , .
- Chemi-Cote Perlite Corp. v. Harborlite Corp. 419 P.2d 398 Ariz. Ct. App. Div. 2 1966
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Chemi-Cote Perlite Corp. v. Harborlite Corp.
419 P.2d 398
Ariz. Ct. App. Div. 2 1966
In the instant action, we find no such “unique circumstances.” • Also, appellant cites In re Balke’s Estate
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In Re Estate of Harber
409 P.2d 31
Ariz. 1965
See, , Estate of Tamer, , 179 P. 643 (1919); In re Corotto, 125 Cal.
- Colvin v. Superior Equipment Company 392 P.2d 778 Ariz. 1964