- 10 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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