Fireman's Fund Insurance v. Lopez

The opinion of the court was delivered by

FALL, J.A.D.

This appeal involves a determination of whether attorney fees incurred in litigation by the beneficiary of an estate seeking recovery of assets lost due to the breach of trust by an estate administrator are surehargeable against the administration bond. We conclude there is no authority in this State to surcharge counsel fees against the administration bond.

We are also asked to decide whether interest should be allowed on the amount of the stipulated surcharges paid under the bond and, if so, at what rate and from what date. We hold that…