- 32 - Federal estate tax purposes. Id. at 465. But we should and will give “proper regard” to the Orphans’ Court’s interpretation of Pennsylvania substantive law. Id. We believe that the order of the Orphans’ Court directing Eckell, Sparks to repay the fees received from the estate had a major bearing on the law firm’s decision to make the $750,000 settlement payment and that the order should be given significant weight with respect to the apportionment of the settlement proceeds. The $750,000 was intended to settle all claims made against Eckell, Sparks, including the estate’s claim for the return of the $247,500 of fees. Indeed, had Eckell, Sparks failed to repay the entire $247,500, it would have been in contempt of the order of the Orphans’ Court. The totality of the uncontradicted evidence in this case persuades us that it was the intent of Eckell, Sparks to have $247,500 of the $750,000 settlement amount be for (and thus $247,500 should be allocated to) the attorney’s fees that the Orphans’ Court ordered be returned to the estate, leaving the balance of the $750,000 settlement to be allocated among all other claims involved in the proceedings. In this regard, we are mindful that the $247,500 paid to Eckell, Sparks by the estate came from funds that had been included in determining decedent’s grossPage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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