Estate of Frances C. Glover, a.k.a. Frances C. Cloud, Deceased, Kevin Holleran and Wilmington Trust Co., Administrators Pro Tem - Page 32




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          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 gross                










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