Estate of Clara D. Baird, Deceased, Fleet Trust Company, William C. Baird, and Barbara B. Groetzinger, Co-Executors - Page 2

                                        - 2 -                                         
          Code in effect as of the date of decedent's death, and all Rule             
          references are to the Tax Court Rules of Practice and Procedure.            
          After concessions, the sole issue for decision is whether                   
          petitioner, pursuant to section 2053(a)(2), is entitled to deduct           
          from the gross estate $368,100 paid for attorney's fees.  We hold           
          that petitioner is so entitled to the extent stated herein.                 
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.  At           
          the time of her death, on May 26, 1991, Clara D. Baird (decedent)           
          resided in Brighton, New York.  At the time the petition was                
          filed, the Estate of Clara D. Baird (petitioner) had a mailing              
          address in Rochester, New York; Fleet Trust Company (Fleet), the            
          corporate executor, had its principal place of business in                  
          Rochester, New York; and co-executors William C. Baird and                  
          Barbara B. Groetzinger resided in Rochester, New York, and                  
          Virginia Beach, Virginia, respectively.                                     
               In 1983, decedent retained the services of Harris, Beach, &            
          Wilcox (HBW), a Rochester law firm, to prepare her estate                   
          planning documents.  HBW's trust and estate practice had an                 
          excellent reputation in the local community.  Peter Oddleifson,             
          an HBW partner, represented decedent.  Mr. Oddleifson graduated             
          from Harvard Law School in 1957 and had many years of trust and             
          estate experience.  On June 23, 1983, decedent executed her will.           
          Decedent executed a codicil to the will on January 18, 1984, and            
          a trust agreement on December 21, 1984.  The will provided that             




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

Last modified: May 25, 2011