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IN RE ESTATE OF LANGE

75 N.J. 464 (1978)

383 A.2d 1130

IN THE MATTER OF THE ESTATE OF PHILIP LANGE, DECEASED.

The Supreme Court of New Jersey.

Decided March 6, 1978.

Attorney(s) appearing for the Case

Mr. Charles Lee Harp, Jr. argued the cause for appellant Catherine Lennox (Messrs. Archer, Greiner and Read, attorneys).

Mr. Ronald L. Malcarney argued the cause for respondent Heritage Bank, N.A. (Messrs. Miller, Myers, Matteo and Rabil, attorneys).

Mr. M. Jefferson Davis argued the cause for respondent Catherine H. Lange (Messrs. Reiners and Davis, attorneys).

The opinion of the court was delivered by PASHMAN, J.

The issue presented by this appeal is the propriety of surcharging executrices for acts beyond the scope of their powers under the will but validated by the effective consent of all parties in interest to those acts. The County Court, Probate Division, held, and the Appellate Division agreed, that any such consensual conduct was ineffective to exonerate the executrices from liability for the consequences of the...

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