Legal Opinion

In Re the Estate of Lange

Supreme Court of New Jersey

Decided March 6, 1978PublishedCited by 8 opinions

1Opinion of the Court

The opinion of the court was delivered by

Pashman, J.

The issue presented by this appeal is the propriety of surcharging executrices for acts beyond the scope of their powers under the will but validated by the effective consent of all parties in interest to those acts. The County Court, Probate Division, held, and the Appellate Division agreed, that any such consensual conduct was ineffective to exonerate the executrices from liability for the consequences of the breach of their ñduciary duties. Finding merit in the contention that such validation by the parties in interest precludes the…

2Cases cited12 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Adair v. . BrimmerNew York Court of Appeals · 1878
  3. Hoyt v. SpragueSupreme Court of the United States · 1881
  4. In Re the Accounting of Title Guarantee & Trust Co.New York Court of Appeals · 1943
  5. Zampetti v. CavanaughSupreme Court of Pennsylvania · 1962

7 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Jaclyn, Inc. v. Edison Brothers Stores, Inc.New Jersey Superior Court Appellate Division · 1979
  2. Frank Briscoe Co., Inc. v. Travelers Indem. Co.District Court, D. New Jersey · 1999
  3. Citizens First National Bank v. BluhNew Jersey Superior Court Appellate Division · 1995
  4. In re the Trust under the Will of MaxwellNew Jersey Superior Court Appellate Division · 1997
  5. Beyer v. First National Bank of Colorado SpringsColorado Court of Appeals · 1992

3 more not listed; retrieve them via the Exa API.

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