Thomas D. Berry - Page 10




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                  order was for the benefit of the plaintiff’s attorney.                               
            Id. at 118.                                                                                
                  Although the Supreme Court of Oklahoma has not addressed the                         
            narrow legal issue presented in the instant case, the cases cited                          
            above, particularly Kelly v. Maupin, supra, lend support to                                
            respondent’s position that petitioner would have remained liable                           
            for the payment of attorney’s fees, either to representatives of                           
            Mrs. Berry’s estate or directly to Mrs. Berry’s attorney, had                              
            Mrs. Berry died before entry of a final divorce decree by the                              
            State court.  Kelly v. Maupin, supra, suggests that the Supreme                            
            Court of Oklahoma considers the award of attorney’s fees to have                           
            continuing viability regardless of the status of the underlying                            
            divorce action.                                                                            
                  We note that the majority of State courts considering this                           
            question have concluded that an award of attorney’s fees remains                           
            viable and enforceable notwithstanding the death of one spouse                             
            before entry of a final divorce decree.  See Stackhouse v.                                 
            Stackhouse, 484 N.W.2d 723 (Mich. Ct. App. 1992); Centazzo v.                              
            Centazzo, 556 A.2d 560 (R.I. 1989); Hirsch v. Hirsch, 519 So.2d                            
            1056 (Fla. Dist. App. 1988); State ex rel. Paxton v. Porter                                
            Superior Court, 467 N.E.2d 1205 (Ind. 1984); Williams v.                                   
            Williams, 281 A.2d 273 (N.J. 1971); Spiro v. Spiro, 260 N.E.2d                             
            332 (Ill. App. Ct. 1970); Gunther v. Gunther, 301 S.W.2d 207                               
            (Tex. Civ. App. 1957); Briggs v. Briggs, 1 S.E.2d 118 (N.C.                                






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