Following a successful application in which the applicant was awarded $200,000 from the estate of his deceased brother and/or from the respondent widow personally on the basis of conversion of trust assets, the court fixed costs of the entire proceeding on a full indemnity basis.
The respondent, who acted as estate trustee and sole beneficiary of her late husband's estate, consistently defied court orders, refused to provide accountings, launched multiple unsuccessful interlocutory proceedings, remained self-represented despite orders requiring her to retain counsel, and failed to pay $21,000 in previously-ordered costs.
The court found her conduct constituted an egregious disregard for the court and the rule of law, warranting full indemnity costs.
Costs were fixed at $195,543.68 inclusive of all prior costs awards, jointly and severally payable by the respondent in her personal and representative capacities within 60 days.
The court further declared that the real property subject to a Certificate of Pending Litigation was available to satisfy both the $200,000 judgment and the costs award.
