Estate of Frances C. Glover, a.k.a. Frances C. Cloud, Deceased, Kevin Holleran and Wilmington Trust Co., Administrators Pro Tem - Page 27




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          Issue 1. Whether Portions of the $750,000 Settlement for Claims             
                    Against Eckell, Sparks Are Attributable to the Value of           
                    the Estate’s Claim for the Return of Attorney’s Fees That         
                    the Orphans’ Court Ordered Returned to Decedent’s Estate          
                    and/or Attributable to the Value of the Glovers’ Claims           
                    Against the Firm                                                  
               The administrators pro tem. and the Glovers filed a civil              
          action against Eckell, Sparks, alleging that Eckell, Sparks (1)             
          committed malpractice in connection with the drafting of decedent’s         
          will and antenuptial agreement (count I), as well as while                  
          representing decedent’s estate (count III); (2) was liable for the          
          attorney’s fees incurred by the Glovers in contesting decedent’s            
          will (count II); (3) violated the RICO (count IV); and (4) was              
          liable for punitive damages (count V).  The lower court dismissed           
          all counts either for lack of standing or for failure to allege             
          sufficient facts to support these claims.  On appeal, the superior          
          court reversed and remanded the lower court’s dismissal of the              
          predeath malpractice claim against Eckell, Sparks by the                    
          administrators pro tem.  The superior court affirmed the order of           
          the lower court in all other respects.                                      
               On April 17, 2000, the Orphans’ Court, sua sponte, entered an          
          opinion and decree ordering Eckell, Sparks to repay the $247,500            
          the law firm had received from decedent’s estate. The trial of the          
          civil action brought by the administrators pro tem. against Eckell,         
          Sparks commenced in April 2000.  In early May 2000 the                      
          administrators pro tem., the Glovers, and Eckell, Sparks entered            
          into a settlement whereby Eckell, Sparks agreed to pay $750,000 for         





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Last modified: May 25, 2011