Objections of Obdurate Beneficiary Dismissed and Costs Assessed

Auditor’s report was affirmed, and objections dismissed, that (a) approved the trustees’ liquidation of some family businesses, notwithstanding precatory language expressing desire that businesses continue under the management and control of testator’s immediate family, (b) relied upon previous findings of fact because objectant was collaterally estopped from relitigating factual issues previously decided, (c) correctly interpreted the pecuniary marital deduction formula in the will, (d) allowed the legal fees incurred by the executors and trustees, including legal fees incurred in recovering assets misappropriated by the objectant, which were not unreasonable given the size of the estate and the complexity of the business interests held by the estate, (e) dismissed an objection to an alleged failure to account for a tractor that was purchased, and (f) assessed half of the attorney’s fees and costs against the “obdurate” and “litigious” objectant.  Mumma Estate, 4 Fid. Rep. 3d 384 (O.C. Cumberland Co. 2014) (Opinion by Oler, J.)

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