Estate of Clara D. Baird, Deceased, Fleet Trust Company, William C. Baird, and Barbara B. Groetzinger, Co-Executors - Page 7

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               To be approved under New York law, requested attorney's fees           
          must be reasonable.  In re Potts' Estate, 209 N.Y.S. 655, 657               
          (App. Div.), affd. 150 N.E. 568 (N.Y. 1925).  The New York Court            
          of Appeals has enumerated the following factors to be considered            
          in determining whether attorney's fees are reasonable:  (1) The             
          time and labor required; (2) the difficulty of the questions                
          involved, and the skill required to handle the problems                     
          presented; (3) the lawyer's experience, ability, and reputation;            
          (4) the amount involved and benefit resulting to the client from            
          the services; (5) the customary fee charged by attorneys in the             
          community for similar services; (6) the contingency or certainty            
          of compensation; (7) the results obtained; and (8) the                      
          responsibility involved.  In re Estate of Freeman, 311 N.E.2d               
          480, 484 (N.Y. 1974).                                                       
               After analyzing each of the Freeman factors, we conclude               
          that the $368,100 in attorney's fees is reasonable under New York           
          law.  First, the fees received by HBW were consistent with                  
          reasonable customary fees for similar services.  Petitioner                 
          presented sufficient evidence to establish that in Monroe County            
          attorneys customarily receive fees equal to one executor's                  
          commission for representing an estate.  The Monroe County                   
          Surrogate's Court awarded HBW fees equal to approximately one               
          executor's commission.  In addition, the $368,100 fee was equal             
          to 2.09 percent of the gross estate.  New York courts have held             
          that a fee award equal to 3 percent of the gross estate is                  




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