Estate of Frances C. Glover, a.k.a. Frances C. Cloud, Deceased, Kevin Holleran and Wilmington Trust Co., Administrators Pro Tem - Page 23




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          Sparks9 and that the Glovers lacked standing to assert a claim for          
          any malpractice that Eckell, Sparks may have committed while                
          handling matters for the estate; (4) dismissing with prejudice              
          count IV, finding that the administrators pro tem. lacked standing          
          since they did not allege conduct covered by RICO, and that the             
          Glovers lacked standing to bring such an action under RICO against          
          Eckell, Sparks; and (5) dismissing with prejudice count V, finding          
          that a claim for punitive damages was not a separate cause of               
          action and that the plaintiffs had not alleged sufficient facts to          
          support their assertion that Eckell, Sparks’s conduct was                   
          “outrageous”.  The plaintiffs appealed to the superior court.               
               The superior court affirmed the order of the lower court               
          except with regard to the dismissal of the predeath malpractice             
          claim by the administrators pro tem. against Eckell, Sparks.  The           
          superior court reversed and remanded the case for consideration of          
          that claim.                                                                 
               On April 17, 2000, the Orphans’ Court, sua sponte, raised the          
          issue of the reasonableness of the compensation paid by the estate          
          to Ms. Hurley and Eckell, Sparks.  The Orphans’ Court entered an            
          opinion and decree requiring Ms. Hurley and Eckell, Sparks to repay         
          the amounts they had received from decedent’s estate.                       




               9    The court, however, granted the administrators pro tem.           
          additional time to file an amended complaint to state adequate              
          facts establishing breach of duty and causation in count III.               




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