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IN RE ESTATE OF LASH

776 A.2d 765 (2001)

169 N.J. 20

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

Supreme Court of New Jersey.

Decided July 2, 2001.

Attorney(s) appearing for the Case

B. Paul Katz, a member of the Florida bar, argued the cause for appellant and cross-respondent (Kraemer, Burns, Mytelka, Lovell & Kulka, attorneys; Mr. Katz and Wayne D. Greenfeder, of counsel and on the brief).

Timothy J. Korzun, Pennington, argued the cause for respondent and cross-appellant (Sheak & Korzun, attorneys; Mr. Korzun, J. Charles Sheak and Deborah I. Hollander, on the briefs).

The opinion of the Court was delivered by ZAZZALI, J.

In this case, the administrator of an estate misappropriated the estate's funds. We must decide whether the estate can recover counsel fees incurred in the proceeding to recover the misappropriated amounts from the surety on the bond, or whether the estate is responsible for those fees. We also must determine the appropriate interest rate on the surcharged amount and the...

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