198 Okla. 3, 174 P.2d 596 (1945). Curnutt was employed on a contingency basis and had performed services at the time of his death. Upon his death, the client employed and paid other attorneys. The court held that “[t]he termination of the contract by death does not invalidate it for all purposes.” Curnutt, 198 Okla. at 7, 174 P.2d at 600. Under the contingency arrangement, Curnutt was to receive 40% of the amount recovered; he obtained a tentative settlement offer of $25,000 before his death. The case eventually settled for $35,000. The court gave effect to the statutory lien and awarded the Cumutt estate $10,000, or 40% of the $25,000 offer he had obtained. Our supreme court has also cited Roe with approval (In re Estate of Barbera, 55 Ill. 2d 235, 237, 302 N.E.2d 302, 304 (1973) (<HOLDING>)). Aside from Roe, there is other Illinois
holding that the deceased defendant trustees wife was a representative of her husbands estate and a proper party for substitution purposes where the wife was the primary distributee of her deceased husbands estate holding that employee spouses accrued but unvested retirement benefits are a contingent property interest and a community asset holding that an undisclosed cause of action which existed at the time of filing remained an asset of the estate and allowing the debtor to reopen the case to formally schedule the cause of action holding that a cause of action for wrongful death is an asset of an estate holding that contingent fees are an asset of the partnership in which the estate of a deceased partner is entitled to participate