Robert John Kayian, Transferee - Page 23




                                       - 23 -                                         

               On July 1, 1994, the Service filed a proof of claim in the             
          probate proceeding for unpaid, assessed taxes owed by Mr. Kayian,           
          Sr. in the total amount of $79,282.33.  The Service's claim was             
          not paid in the probate proceeding.                                         
               On February 20, 1995, Mr. Carr filed a petition for at-                
          torney's fees in the probate proceeding.  On March 17, 1995, the            
          Probate Court issued an order with respect to that petition,                
          which "awarded a partial attorney's fee" of $19,287.40 for the              
          work that Mr. Carr had performed on behalf of Mr. Kayian, Sr.'s             
          estate and reasonable costs of $1,473.64, both of which the                 
          Probate Court directed be paid from the assets of Mr. Kayian,               
          Sr.'s estate.  That order further stated that "this award of                
          attorney's fees does not include any statutory percentage to                
          which" Mr. Carr is entitled.                                                
               On March 22, 1995, the Probate Court issued an order in the            
          probate proceeding approving, adopting, and ratifying the stip-             
          ulation and settlement agreement that had been entered into among           
          Ms. Livingston, individually and as personal representative of              
          Mr. Kayian, Sr.'s estate, and Robert Kayian, Kenneth V. Kayian,             
          Richard H. Kayian, and Karen Kayian Aubel.  That stipulation and            
          settlement agreement, inter alia, provided that Ms. Livingston              
          and Mr. Kayian, Sr.'s estate agreed to withdraw claims against              
          the interests of Robert Kayian, Kenneth V. Kayian, Richard H.               
          Kayian, and Karen Kayian Aubel with respect to the transferred              





Page:  Previous  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  Next

Last modified: May 25, 2011