Estate of TERESA TURINO, Deceased. MAURICE H. ROACH, as Executor, etc., Petitioner and Appellant, v. ROSE CAPRA et al., Objectors and Appellants

Holding

The court held that assets subject to a constructive trust based on a decedent’s unfulfilled promise to make a will remain part of the probate estate and are thus subject to administration expenses, including necessary litigation costs and attorney fees incurred in good faith to protect the estate. It further held that the probate court’s discretionary approval of such expenses and its award of extraordinary attorney fees would not be disturbed on appeal absent a clear showing of abuse.