In Re Estate of Fain

Opinion

CROSKEY, J.

In this probate matter we consider an appeal by a former administrator of the decedent’s estate and her surety from a judgment imposing a surcharge of $715,000, plus interest, attorney’s fees and costs. Eleanor Fain and her surety, Highlands Insurance Company (Highlands; collectively, the appellants), seek reversal of a “Judgment After Trial” entered after a 12-day bench trial conducted by an agreed-upon retired judge. The primary issues raised are whether the trial judge was properly appointed and empowered to render a binding judgment and, if so, whether substantial…