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Thursday, May 12, 2016

IMO the Estate of Adrian J. Folcher, Jr. (A-3-14;

IMO the Estate of Adrian J. Folcher, Jr. 
(A-3-14; 074590) 

The Court declines to expand the exception to the American Rule created in In re Niles Trust, 176 N.J. 282 (2003), to a person who does not owe a fiduciary responsibility to an estate and its beneficiaries. In this case, because the confidential relationship endowed Bernice with an obligation to only her husband, and not the Estate, a fee award was not the proper vehicle to do equity.