In the Matter of the Trust Created March 31, 1992, Between Laura J. Niles, Grantor, and Geoffrey M. Parkinson…

Summary

The Supreme Court held that when a trustee or executor obtains a substantial benefit through undue influence, the fiduciary may be assessed counsel fees to make the estate whole, and that the mother‑son team is jointly and severally liable for those fees. The Court reversed the Appellate Division's judgment on the fee issues and remanded for determination of reasonable fees. Justice LaVECCHIA dissented, arguing that the American Rule should not be departed from.