In re: Miton Grant 2006 Family Irrevocable Trust Agreement No. 1
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SAM GLASSCOCK III VICE CHANCELLOR COURT OF CHANCERY OF THE STATE OF DELAWARE COURT OF CHANCERY COURTHOUSE 34 THE CIRCLE GEORGETOWN, DELAWARE 19947 February 18, 2013 Rick S. Miller David J. Ferry, Jr. Ferry, Joseph & Pearce 824 Market Street, Suite 1000 P.O. Box 1351 Wilmington, DE 19899 Michael A. Weidinger Pinckney, Harris & Weidinger, LLC 1220 N. Market Street, Suite 950 Wilmington, DE 19801 William M. Kelleher Peter S. Gordon Gordon, Fournaris & Mammarella, P.A. 1925 Lovering Avenue Wilmington, DE 19806 Jennifer N. Walker, Esquire Jennifer Walker, P.A. 1007 N. Federal Highway, No. 4006 Fort Lauderdale FL 33304 Re: In re: Milton Grant 2006 Family Irrevocable Trust Agreement Number One Civil Action No. 5671-VCG Date Submitted: January 22, 2013 Dear Counsel: I have received your submissions concerning the Guardian Ad Litem s ( GAL ) request for payment of attorneys fees from the Trust. Petitioner Thomas Grant has objected to the request, but does not dispute that the GAL is owed the amount claimed.1 Rather, Thomas argues that because Bessemer Delaware has 1 With one exception: Thomas contends that the $869.00 fee for a transcript should not be reimbursed, because it would effectively charge Trust One for two copies of the transcript, one for Bessemer Delaware and another for the GAL. Response to Guardian Ad Litem s First Interim Application for Attorney s Fees 11 n.1. Because the evidence before me indicates that the GAL In re: Milton Grant 2006 Family Irrevocable Trust Agreement Number One February 18, 2013 Page 2 acted in bad faith in limiting the distributions from Trust One (allegedly in retaliation for Thomas s litigation against Bessemer Florida), the GAL s fees should be paid, in full or in part, by Bessemer DE.2 In light of the ongoing inquiry into the existence of a possible conflict of interest for Bessemer DE, I agree with the GAL that the appropriate time to consider a request to shift fees is at the end of this litigation. Any fees paid from Trust One to the GAL as a result of purported bad-faith conduct can be reimbursed at that time. Accordingly, I am granting the GAL s Application for Attorneys Fees. To the extent the foregoing requires an order to take effect, IT IS SO ORDERED. Sincerely, /s/ Sam Glasscock III Sam Glasscock III has acted in good faith to keep down the costs of this litigation, including billing at a reduced rate, I will allow reimbursement for the transcript. 2 Id. at 5. 2
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