Estate of Suriano

O’BRIEN, J.,

Exceptions have been filed by Allen L. Feingold, Esquire to the opinion and decree of Kathryn S. Lewis, A.J., dated May 16, 1994. The chancellor directed Feingold to turn over to the petitioner-administrator $2,752.90 from a $6,000 settlement recovered in a personal injury claim of the decedent.

Feingold, on the basis of a contingent fee agreement for 50 percent of the recovery, now claims the entire sum as fees and costs.

At the trial on December 11,1993, Feingold attempted to justify retaining the entire recovery on the basis that after he lost track of decedent, the…