IN RE ESTATE OF LASH


747 A.2d 327 (2000)

329 N.J. Super. 249

In the Matter of the ESTATE OF Herbert P. LASH, deceased. Fireman's Fund Insurance Company, Plaintiff-Respondent, v. Manuel Lopez, Jr., Cheryl Lopez, his wife; Donald J. Meliado; Prudential-Bache Securities, Incorporated; L & L Associates; Lopez, Lopez & Cringloi; Louis H. Miller; William R. Deni; and Jack Lance, Defendants, and Estate of Hildegard Lash, deceased, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 22, 2000.


Attorney(s) appearing for the Case

B. Paul Katz of the Florida Bar, admitted pro hac vice, for defendant-appellant (Kraemer, Burns, Mytelka, Lovell & Kulka, attorneys; Wayne D. Greenfeder, Springfield, and Mr. Katz, on the brief).

Timothy J. Korzun, Pennington, for plaintiff-respondent (Sheak & Korzun, attorneys; Deborah I. Hollander, J. Charles Sheak and Mr. Korzun, on the brief).

Before Judges D'ANNUNZIO, NEWMAN and FALL.


The opinion of the court was delivered by FALL, J.A.D.

This appeal involves a determination of whether attorney fees incurred in litigation by the beneficiary of an estate seeking recovery of assets lost due to the breach of trust by an estate administrator are surchargeable against the administration bond. We conclude there is no authority in this State to surcharge counsel fees against the administration bond.

We...

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