- 20 - However, Lynch should have been given credit for the payments of $30,950 to Reardon and $45,000 to Groen & Smolow. After being given credit for those payments, the amount of the "surcharge" should have been based upon the difference between $424,811.19 (i.e., $500,761.19 less $30,950.00 and less $45,000.00) and $401,256.10, or $23,559.09. That figure is the amount of the refund Lynch must make as a result of the overpayment of his fee. Concerning Reardon's fee, the auditing judge allowed him a fee of 15% of the market value of the bonds recovered or the sum of $171,966.90. He therefore "surcharged" Reardon the difference between the amount paid to him by Lynch, i.e., $250,950.00, and the fee he found to be reasonable, for a total "surcharge" of $78,983.10. We find no error in the auditing judge's finding and dismiss the exception. However, the auditing judge was unmindful of the fact that Reardon had been totally compensated by Lynch for his services. When Lynch made the two payments to Reardon, totaling $250,950.00, Reardon had received the benefit of his bargain with Lynch. That is to say, Reardon was paid by Lynch in accordance with the terms of the contract he entered into with Lynch. In fact, Reardon received somewhat more than 15% of the face value of the bonds recovered. Even after refunding the full amount of the surcharge, Reardon is left with $171,966.90. His fee, when added to Lynch's allowed fee of $401,256.10, makes a total fee for services of $573,223.00. That amount is exactly 50% of the total market value of the assets recovered by Lynch and Reardon. Although the auditing judge does not expressly address the issue, it is clear from the amounts of compensation awarded to Lynch and Reardon that he found that Lynch was to receive 35% of the market value of the bonds and that Reardon was to receive 15% of the market value of the bonds and that each man was compensated from the gross estate. We are of the opinion that an allowance of 50% of the market value of the assets recovered is unreasonable and excessive and was error for the auditing judge to allow that amount of compensation.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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