In re Probate of the Alleged Last Will & Codicil of Ruppaner
Appellate Division of the Supreme Court of the State of New York
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
- In Re the Probate of the Will of BudlongNew York Court of Appeals · 1885
3Cited by4 opinions
- In re the Final Judicial Settlement of the Accounts of RobinsonAppellate Division of the Supreme Court of the State of New York · 1899
- In re RuppanerAppellate Division of the Supreme Court of the State of New York · 1896
- In re the Probate of the Last Will & Testament of WaldronNew York Surrogate's Court · 1911
- In re the Probate of the Will of HopkinsAppellate Division of the Supreme Court of the State of New York · 1905