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IN RE ESTATE OF LADD

No. M2005-02089-COA-R3-CV.

247 S.W.3d 628 (2007)

In re ESTATE OF W. Garnett LADD, Sr., W. Garnett Ladd, III, et al. v. Robert C. Marks.

Court of Appeals of Tennessee, Middle Section, at Nashville.

April 30, 2007.

Opinion on Petition for Rehearing June 25, 2007.

Permission to Appeal Denied November 19, 2007.

Attorney(s) appearing for the Case

Neil M. McIntire, Nashville, Tennessee, for the appellant, Robert C. Marks.

F. Evans Harvill, Clarksville, Tennessee, for the appellees, W. Garnett Ladd, III and Gerda Ladd Mayo.

FRANK G. CLEMENT, JR., J., delivered the opinion of the court, in which WILLIAM B. CAIN and PATRICIA J. COTTRELL, JJ., joined.

Permission to Appeal Denied by Supreme Court November 19, 2007.

OPINION

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...

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