Estate of Gilkison

C. Russell King, an attorney, purports to appeal from the 1997 order approving the final distribution of the assets in the estate of George Raymond Gilkison. However, he raises no issues relating to the final distribution. Instead, he contends that the trial court abused its discretion in 1994 by denying his request for $4,078.51 in extraordinary fees. Given the facts and circumstances as well as time-honored rules, his contention is not only without merit, it is frivolous. We affirm and impose sanctions.

Facts and Proceedings

In April of 1991, George Raymond Gilkison died testate, leaving a small house and furniture to his three sons, William, James, and Robert Gilkison. His last will and testament designated James, respondent, as executor.

The heirs agreed that Robert would purchase the house, which had an appraised value of $130,000. Robert agreed to obtain a loan to pay William and respondent for their one-third interest. Pursuant to the sons’ agreement, respondent then conveyed the real property to Robert by executor’s grant deed.

On June 28, 1993, appellant, an attorney retained by the executor, filed a first and final report on behalf of the executor, setting…