Estate of Ethel M. Cumber Wilson, Deceased, Ethel C. Kelly and Dennis I. Belcher, Co-Executors - Page 9

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          enough; it must be "adequate and full".  Sec. 2053(c)(1)(A).  Our           
          task is to determine whether the underlying claims that resulted            
          in the settlement payments were based on bona fide agreements               
          between decedent and David and Daniel Griffith for adequate and             
          full consideration in money's worth.                                        
               David filed a lawsuit against the estate claiming that in              
          1976 he and decedent had entered into an oral contract, whereby             
          decedent agreed to give him one-third of her estate in return for           
          his promise to provide personal and financial services to                   
          decedent for her lifetime.  David provided such services from               
          1976 to 1984.  In 1980, decedent executed a will in which she               
          gave one-third of her estate to David.  Decedent subsequently had           
          a dispute with David, and in 1984 she executed a new will that              
          eliminated David as a beneficiary.                                          
               David's claim that decedent had breached her contract was              
          litigated, and a jury returned a verdict that would have awarded            
          him more than $1.5 million.  However, during jury deliberations             
          David and the executors of decedent's estate entered into a                 
          structured settlement agreement, the terms of which were, in                
          part, dependent on the jury's verdict.  Pursuant to the verdict             
          and the terms of the settlement agreement, the estate paid David            
          $400,000 in full satisfaction of his claim.                                 
               Respondent would have us limit the deduction for David's               
          claim to $75,000 because that was the jury's determination of the           





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