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MATTER OF ESTATE OF JONES

No. 24748.

329 S.C. 97 (1998)

495 S.E.2d 450

In the Matter of the ESTATE OF Frank Preston JONES, Jr., Deceased. In Re Claim of LEATHERWOOD, WALKER, TODD & MANN, P.C., Attorneys, Estate File 56, Drawer 548, Respondent, v. The ESTATE OF Frank Preston JONES, Jr., Petitioner.

Supreme Court of South Carolina.

Decided January 19, 1998.

Rehearing Denied February 4, 1998.

Attorney(s) appearing for the Case

C. Rauch Wise, Greenwood, and Ken Suggs, of Suggs & Kelly, Columbia, both for petitioner.

J.D. Todd, Jr., of Leatherwood, Walker, Todd & Mann, P.C., Greenville, for respondent.

TOAL, Acting Chief Justice:

The Court of Appeals affirmed in result the award of attorneys' fees to Leatherwood, Walker, Todd & Mann, P.C. ("Law Firm"). We granted a writ of certiorari to review the question of whether the express fee contract was contingent on the successful recovery of a tax refund in federal court. We now reverse.

FACTUAL/PROCEDURAL BACKGROUND

Frank P. Jones, Jr. died in 1979. Elliott, Davis & Company ("Accounting Firm...

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