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Wills, Trusts & Estates keyed to Dobris
Matter of Kinzler
Facts
Appellant appeals a lower court ruling that (1) awarded the objectants’ attorney $ 7,000 as and for legal fees, payable by the estate, (2) held that the sale of the decedent’s residence to one of the beneficiaries, who was also a testamentary trustee under the will, was tainted with a conflict of interest and self-dealing, (3) held the payment by the executor to himself of advance legal fees, without prior court order, to be improper and ordered him to refund $ 11,595.15, plus interest in the amount of $ 16,398.68, for a total of $ 27,993.83, and (4) fixed the legal fees of the executor in amounts less than requested. The matter arose as of the results of Respondents complaint that Plaintiff had violated his fiduciary duties because he was engaged in self-dealing and prejudiced and biased disposal of the estate. Appellant contends that he satisfactorily fulfilled his executor duties and appeals.
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