Succession of Costello

TOBIAS, Judge.

This is the second of three appeals before us arising out of the Succession of Joseph M. Costello, III.1 Joseph M. Costello, III, died testate on 23 April 1997, survived by his mother and three, brothers; Loyola University is the residuary legatee in the decedent’s testament. The testament named Michael Costello (“Mr. Costello”) and Ashton Hardy (“Mr. Hardy”) as co-executors; Mr. Hardy is an attorney-at-law who previously represented the decedent in his business affairs and who had drafted the testament.

As part of his estate, the decedent owned several radio stations. In 1991,…