143 Conn. App. 129
Conn. App. Ct.2013Background
- Plaintiff Diaime McGrath appeals two Probate Court orders awarding fiduciary and attorney’s fees to Gallant and Day Pitney, LLP.
- Estate consisted of about $850,000 in liquid assets and $800,000 Bahamas property; the Bahamas property declined in value.
- Animosity among decedent’s children led to conservatorship, litigation, and contested estate settlement.
- Decedent appointed Gallant as executor and trustee to navigate anticipated disputes and included an in terrorem clause.
- Probate Court awarded approximately $211,000 in fees to date; a second award of about $120,000 was challenged as unreasonable.
- Appeals were reviewed under Hayward v. Plant factors and the Andrews v. Gorby standard for independent determination on de novo review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hayward factors were independently applied on review | McGrath contends Hayward factors were not independently applied | Gallant/defendants claim proper independent analysis under Andrews | Yes, independent Hayward review conducted and decision upheld |
| Whether the fee award was an abuse of discretion given results and promptitude | Fees should be limited by results and promptitude factors | Court properly weighed Hayward factors; no abuse | No abuse; findings supported by Hayward analysis |
| Whether the court should adopt a proportional-fee limit based on estate size | Advocates a rule capping fees proportionally to estate size | Court should not adopt new proportional rule; size is only one factor | Declined to adopt proportional limitation; size remains one factor |
| Whether the court properly applied Andrews v. Gorby standard | Court failed to independently credit/derail Gallant’s actions | Court properly weighed credibility and totality of circumstances | Proper application of Andrews; independent determination upheld |
Key Cases Cited
- Hayward v. Plant, 98 Conn. 374 (Conn. 1923) (nine factors for reasonable fiduciary/trustee fees)
- Andrews v. Gorby, 237 Conn. 12 (Conn. 1996) (clear standard for trial de novo and independent review on appeal)
- Gianetti v. Norwalk Hospital, 304 Conn. 754 (Conn. 2012) (abuse of discretion standard for awarding fees; presumption in favor of trial court)