In Re: Estate of W. Garnett Ladd, Sr., W. Garnett Ladd, III, et al. v. Robert C. Marks

The matters at issue pertain to the fee awarded a Co-Executor of an estate.  The Co-Executor appeals contending he was entitled to a contractual fee equal to five percent of the gross estate based on an oral agreement with the ninety-four year old widow of the testator who served as his co-executor. The Special Master and Chancellor made concurrent findings that the appellant had failed to properly administer the estate. They also found that his claimed excuse, that he was acting according to the wishes of his ninety-four year old Co-Executrix, did not relieve him of his affirmative fiduciary duties as a personal representative. The Chancellor awarded him a fee of $25,000 for his services as Co-Executor.  We have concluded he is entitled to no fee for his services.