In Re Estate of Lash

Summary

The Supreme Court of New Jersey held that the estate of Herbert P. Lash is entitled to recover the attorneys' fees it incurred in litigation against the surety on the administration bond, and that such fees are recoverable as damages despite the American Rule. The Court also affirmed the award of simple prejudgment interest calculated from the dates of each defalcation. Accordingly, the Court reversed the Appellate Division on the fee issue, affirmed its interest ruling, and remanded for entry of an order requiring the surety to pay the fees.