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N.J.S.A. 3B:20-11.1 to "> Original Wordprocessor Version
(NOTE: The status of this decision is Unpublished.)
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-4141-08T34141-08T3
IN THE MATTER OF THE
ESTATE OF FRANK P. WERNER,
DECEASED.
Argued March 9, 2010 - Decided
Before Judges Skillman, Gilroy and Simonelli.
On appeal from Superior Court of New Jersey, Chancery Division, Probate Part,
Middlesex County, Docket No. 192982.
Joseph Hillman, Jr., argued the cause for appellant William C. Werner.
Robert C. Rafano argued the cause for respondent Joseph Kosmo, Jr. (Rafano and
Wood, attorneys; Mr. Rafano, on the brief).
PER CURIAM
Appellant William Werner appeals from parts of the final judgment entered on March 24, 2009, and parts of the
order for partial summary judgment entered on January 22, 2008. We affirm substantially for the reasons set forth in
the January 22, 2008 letter opinion of Judge Waugh and the January 28, 2009 and March 10, 2009 letter opinions of
Judge Ciuffani. In addition, we note that the Prudent Investor Act, N.J.S.A. 3B:20-11.1 to
-11.12, upon which appellant relies, only applies to "a fiduciary who invests and manages trust assets." 33 N.J. 517,
524-25 (1960) (discussing the differences in the duties of an executor and a trustee); In re Estate of Bayles, 108 N.J.
Super. 446, 453-54 (App. Div. 1970) (same). Notwithstanding enactment of the Prudent Investor Act, an executor
continues to be governed by the standard of care set forth in N.J.S.A. 3B:10-26. Appellant's arguments are without
sufficient merit to warrant any additional discussion. R. 2:11-3(e)(1)(E).
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a4141-08.opn.html
Affirmed.
(continued)
(continued)
2
A-4141-08T3
March 22, 2010
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