In Re the Estate of Lenart
Supreme Court of New Jersey
“With respect to the appeal of Euth Klugman from that portion of the decree allowing $1,500 counsel fee to the appellant Lenart’s counsel, I think on the authority of In re Fulper, 99 N. J. Eq. 293, this portion of the decree should be reversed. The language of "Vice-Ordinary Buchanan disposing of a similar appeal in that cause is peculiarly applicable here.
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“With respect to the appeal of Euth Klugman from that portion of the decree allowing $1,500 counsel fee to the appellant Lenart’s counsel, I think on the authority of In re Fulper, 99 N. J. Eq. 293, this portion of the decree should be reversed. The language of "Vice-Ordinary Buchanan disposing of a similar appeal in that cause is peculiarly applicable here. The services for which counsel has been awarded compensation out of the estate arose under the petition for distribution, and because of Albert H. Lenart’s unfounded claim to a distributive share of the decedent’s estate. Without…
1Per curiam
The decree appealed from will be affirmed, for the reasons stated in the opinion filed by Vice-Ordinary Berry in the prerogative court.
For affirmance — The Chiee-Justice, Trehchard, Parker, Case, Bodihe, Donges, Heher, Perskie, Porter, Heteield, Dear, Wells, WolesKeil, Raeebrty, Walker, JJ. 15.
For reversal — None.
2Cited by2 opinions
- Chirelstein v. ChirelsteinNew Jersey Superior Court Appellate Division · 1950
- In Re Estate of SilvermanNew Jersey Superior Court Appellate Division · 1967