Legal Opinion
In re the Estate of Lyons
New York Surrogate's Court
Decided August 31, 1936PublishedCited by 9 opinions
1Opinion of the Court
Wingate, S.
Whereas costs were unknown at common law (People ex rel. N. Y. S. P. C. C. v. Gilmore, 88 N. Y. 626; Matter of Tillotson v. Smith, 12 N. Y. St. Repr. 331, 333, reported by memorandum only, 45 Him, 593; Matter of Hill v. Sheldon, 55 id. 44), and the right to their receipt must, in each instance, be traced to some identifiable statutory enactment (Osborn v. Cardeza, 208 N. Y. 131, 134; People v. Three Barrels Full, 236 id. 175, 177; Scherl v. Flam, 136 App. Div. 753, 755; Friedman v. Borchardt, 161 id. 672, 674), the theories underlying their award are well defined.
The first, and…
2Cases cited12 opinions
- In re Brooklyn Trust Co.New York Surrogate's Court · 1929
- In Re the Accounting of Brooklyn Trust Co.New York Court of Appeals · 1930
- In Re the Accounting of ProssNew York Court of Appeals · 1936
- In re the Estate of WeissmannNew York Surrogate's Court · 1930
- Stevens v. Central National BankNew York Court of Appeals · 1901
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In re the Estate of CurleyNew York Surrogate's Court · 1936
- In Re Estate of HughesOhio Court of Appeals · 1946
- In re the Construction of the Will of GriffingNew York Surrogate's Court · 1961
- In re the Estate of GoldbergNew York Surrogate's Court · 1937
- In re the Estate of WintringhamNew York Surrogate's Court · 1936
4 more not listed; retrieve them via the Exa API.