Imo the Estate of Adrian J. Folcher, Jr. (074590)

In In re Niles Trust, 176 N.J. 282, 298-99, 823 A.2d 1 (2003), this Court created a narrow exception to the American Rule and allowed attorneys’ fees to be assessed against an executor or a trustee who “commits the pernicious tort of undue influence.”

This appeal centers on challenges to several documents and disbursements that were purportedly executed by Adrian Foleher *499in the closing days of his life. Petitioner Bernice Tambascia-Folcher, Folcher’s wife and a beneficiary in a “confidential relationship” with her aged and vulnerable husband, used that relationship to commit a pattern of…