Estate of Frances C. Glover, a.k.a. Frances C. Cloud, Deceased, Kevin Holleran and Wilmington Trust Co., Administrators Pro Tem - Page 5




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               The issues remaining3 for us to decide are as follows:                 
               1.   Whether any portion of the $750,000 settlement Eckell,            
          Sparks paid to the administrators pro tem. and the residuary                
          beneficiaries of decedent’s estate (the Glovers) should be                  
          allocated to (a) the value of the estate’s claim for the $247,500           
          of legal fees that the Orphans’ Court ordered Eckell, Sparks to             
          return to decedent’s estate and/or (b) to the value of the claims           
          the Glovers made against Eckell, Sparks, with the consequences that         
          the amount of any such allocation is not included in the value of           
          decedent’s claim against Eckell, Sparks on the date of her death.           
               2.   If we determine that no portion of the $750,000                   
          settlement is allocable to the Glovers’ claims, then whether that           
          portion (60 percent) of the $750,000 Eckell, Sparks settlement that         
          was distributed to the Glovers is a deductible expense in                   
          determining decedent’s taxable estate.                                      




               3    In its answering brief, decedent’s estate:                        
               a.   Conceded that attorney’s fees of $247,500 paid to                 
               the law firm of Eckell, Sparks, Monte, Auerback & Moses                
               that the Orphans’ Court ordered be returned to                         
               decedent’s estate are not deductible as administrative                 
               expenses pursuant to sec. 2053(a)(2).                                  
               b.   Failed to address and, therefore, is deemed to                    
               have conceded that commission of $250,000 paid to                      
               Madelyn M. Hurley, the original executrix of decedent’s                
               estate, is not deductible as an administrative expense                 
               pursuant to sec. 2053(a)(2) nor deductible as a theft                  
               loss pursuant to sec. 2054.                                            





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