Ricca v. Bonaccorsa

*465Opinion

CROSBY, J.

In this probate matter, the discharged administrator of an estate appeals from orders surcharging him $134,200 for breach of fiduciary duty, denying statutory and extraordinary fees, and imposing an additional $50,000 in attorney fees for bad faith.

We disallow the surcharge for the depreciated value of the decedent’s residence ($50,000) and the fee award, but affirm the remaining surcharges. Substantial evidence supports the court’s determination that the administrator unreasonably voted the beneficiaries’ stock to run a “corporation” (whose principal asset consisted of the…