Gillespie v. Seymour

The opinion of the court was delivered by

Six, J.:

This is a post-settlement controversy, initially between two sibling plaintiffs, Warren Brown Gillespie (Warren) and Polly *1388G. Townsend (Polly). With the death of the sibling plaintiffs in 1998, the controversy has become a battle between Warren’s estate (Warren) administered by his son James Gillespie, executor, and the Polly G. Townsend Revocable Trust (Polly). Warren and Polly disagree on who is responsible for litigation expenses incurred in a contingent fee case resulting in a $2,250,000 settlement recovery. The district court ruled that…