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ESTATE OF GERARD PENNEROUX A/K/A GERARD RAYMOND LOUIS PENNEROUX, Deceased (14/1079/F) — This court issued a decision dated November 20, 2015, removing the previously appointed ancillary administrator (Wagner) and directing him to account. Subsequent to the filing of a contempt proceeding which was brought after Wagner failed to account within the time allotted in the court’s order, a petition for judicial settlement was filed reflecting a zero sum balance.

The co-ancillary administrators appointed upon Wagner’s removal filed objections to the accounting, including but not limited to Wagner’s failure to account for estate assets received. The objectants ask the court to surcharge Wagner for legal fees and expenses incurred as a result of his mishandling estate assets. Counsel for the parties agreed during a court conference that this would be done upon objectants’ counsel’s submission of an affirmation of services, which the court has now received, wherein objectants’ counsel seeks $59,685.50 in legal fees and $2,536.25 as reimbursement for disbursements. Indeed, objectants’ contention that Wagner was in possession of and failed to account for an amount in excess of $581,000 in estate funds is not controverted.

 
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