IN RE LEMKE TRUST

No. 188-1992.

18 Pa. D. & C. 4th 417 (1993)

In re Lemke Trust

Common Pleas Court of Dauphin County, Pennsylvania.

April 6, 1993.


Attorney(s) appearing for the Case

R. Stephen Shibla, for trustee.

Ronald M. Katzman, for objectors.


MORGAN, P.J., April 6, 1993.

This matter is before us on a motion to add a claim for punitive damages to objections to a first and final account seeking surcharge for mismanagement of trust assets. The trustee argues that punitive damages are not recoverable as a matter of law in an Orphans' Court proceeding involving such objections to an account.

It may be, as the trustee argues, that there is no direct precedent for punitive damages in a surcharge...

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