Estate of Clara D. Baird, Deceased, Fleet Trust Company, William C. Baird, and Barbara B. Groetzinger, Co-Executors - Page 8

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          facially reasonable.  In re Goldstick, 581 N.Y.S.2d 165, 169                
          (App. Div. 1992); see also In re Estate of Gates, 503 N.Y.S.2d              
          161, 162-163 (App. Div. 1986) (allowing fees equal to 6 percent             
          of the gross estate); In re Kennedy's Estate, 290 N.Y.S.2d 964,             
          971 (Sur. Ct. 1968) (holding that fees equal to approximately 4             
          percent of the gross estate are presumptively reasonable); In re            
          Kentana's Estate, 10 N.Y.S.2d 811, 812 (Sur. Ct. 1939) (observing           
          that reasonable compensation will ordinarily approximate between            
          5 percent of the gross estate and a single executor's                       
          commission).                                                                
               Second, HBW's experience, ability, and reputation were                 
          excellent.  HBW was highly regarded in the local community for              
          its expertise in trust and estate matters.  The partner in charge           
          of administering the estate, Mr. Oddleifson, was an experienced             
          and well-respected attorney.                                                
               Third, the services rendered by HBW benefitted the estate by           
          obtaining favorable results.  Mr. Baird testified that HBW "has             
          done a very good job" representing petitioner, and we have no               
          reason to conclude otherwise.  Respondent contends that the                 
          estate did not benefit from HBW's services, because the                     
          litigation relating to the deductibility of HBW's fees delayed              
          the closing of the estate.  We reject this contention.                      
          Contesting an estate tax deficiency directly benefits the estate,           
          because the estate's tax burden may be reduced.                             






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