In re the Probate of the Will of Koelsch

Taylor, S.

The executor moves for an order requiring the contestant to provide security for costs under section 282 of the Surrogate’s Court Act. The petition alleges and it is conceded that the contestant is a nonresident.

There are very few reported cases discussing the question here presented. Those cited by the objectant cannot really be considered to be precedents. Matter of Cusimano (173 Misc. 382) may be dismissed from consideration, for the defect in the statute which prompted the Surrogate to deny the motion has since been remedied by the 1941 amendment to section 282 of the…