In re the Estate of Sugarman

MINUSKIN, J.S.C.

Proceedings were instituted to determine whether plaintiff’s entitlement under her late husband’s will was equal to or less than the statutory elective share to which she is entitled under N.J.S.A. 3B:8-1, et seq. Counsel set upon and obtained the elective share. He then filed the pending application which requests that fees resulting from the litigation be taxed as costs *386to the estate of the testator. The issue raised is whether the court has the discretionary authority to award legal fees to the petitioner in an elective share suit brought pursuant to N.J.S.A. 3B:8-1, et…