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IN RE ESTATE OF VAYDA

875 A.2d 925 (2005)

184 N.J. 115

In the Matter of the ESTATE of Elizabeth Hull VAYDA, Deceased.

Supreme Court of New Jersey.

Decided June 29, 2005.

Attorney(s) appearing for the Case

Robert A. Knee, Saddle Brook, argued the cause for appellant, Katherine V. Rainey (The Knee Law Firm, attorneys).

Leonard Adler, Englewood, argued the cause for respondent, Peter E. Vayda.

JUSTICE RIVERA-SOTO delivered the opinion of the Court.

This will contest between estranged siblings requires that we address yet again whether, in the absence of a mandate based on a statute, court rule or contract, attorneys' fees can be shifted from one party to another. Upon the application of the successful sibling, the trial court shifted that sibling's attorneys' fees to her brother, the executor and a co-beneficiary of the estate. The Appellate Division agreed...

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