Legal Opinion

In re Probate of the Alleged Last Will & Codicil of Ruppaner

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 4 opinions

Appeal by John S. Keyes and another, individually and as exec utors, etc., of Antoine Ruppaner, deceased, from so much of a decree of the Surrogate’s Court of the county of New York, entered. in said Surrogate’s Court on the 18th day of February,. 1896, as awards $250- to Samuel. B. Sewards, Esq., as special guardian for Anna Kristof as his costs of the proceeding.

1Opinion of the Court

Ingraham, J.:

The costs in' proceedings in Surrogates’ Courts are. regulated by the Code (§§ 2558-2561, inclusive). Subdivision. 3 of. section 2558 provides that “ when the decree is made upon a contested application for probate, or revocation of probate of a will, costs, payable out of the estate or otherwise, shall not be awarded to an unsuccessful contestant of the will, unless he is a special guardian for an' infant, appointed by the surrogate,' or is named-as an executor in a paper prbpounded by him, in good -faith, as the- last will of the decedent.” And by section 2561 it is provided-…

2Cases cited1 opinion

  1. In Re the Probate of the Will of BudlongNew York Court of Appeals · 1885

3Cited by4 opinions

  1. In re the Final Judicial Settlement of the Accounts of RobinsonAppellate Division of the Supreme Court of the State of New York · 1899
  2. In re RuppanerAppellate Division of the Supreme Court of the State of New York · 1896
  3. In re the Probate of the Last Will & Testament of WaldronNew York Surrogate's Court · 1911
  4. In re the Probate of the Will of HopkinsAppellate Division of the Supreme Court of the State of New York · 1905

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