In re Mace
New York Surrogate's Court
Motion for settlement of decree in final accounting. The facts appear sufficiently in the opinion.
1Opinion of the Court
The Surrogate.—This proceeding was commenced before September 1, but it was not decided until after that date, and the decree has not yet been rendered; it is now before me for settlement, and the question arises *326whether costs should be awarded under the provisions of the Revised Statutes (2 R. S., 223, § 10), and section 70 of chapter 460 of the Laws of 1837 (Western v. Romaine, 1 Bradf., 37), or under sections 2557 to 2562 of the Code of Civil Procedure.
It is well settled that there can be no vested right in the costs during the pendency of a suit, and that both the right to recover them…
2Cases cited7 opinions
- Rich v. HussonThe Superior Court of New York City · 1852
- Western v. RomaineNew York Surrogate's Court · 1849
- Fielden v. LahensThe Superior Court of New York City · 1862
- Ackley v. TarboxNew York Supreme Court · 1865
- Theriot v. PrinceNew York Supreme Court · 1855
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3Cited by3 opinions
- In re SextonNew York Surrogate's Court · 1882
- In re the Probate of the Will of BudlongNew York Supreme Court · 1884
- Laird v. ArnoldNew York Supreme Court · 1886