Noyes v. . Children's Aid Society
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department reversing certain portions of a decree of the surrogate of the county of New York, granting allowances to counsel for the appellants. (Reported below, 10 Hun, 289.) . The respondents, as executors of the last will and testament of Eliza Hearsay, deceased, presented the same for probate. The appellants, who were legatees under a former will, contested.
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Appeal from order of the General Term of the Supreme Court in the first judicial department reversing certain portions of a decree of the surrogate of the county of New York, granting allowances to counsel for the appellants. (Reported below, 10 Hun, 289.) . The respondents, as executors of the last will and testament of Eliza Hearsay, deceased, presented the same for probate. The appellants, who were legatees under a former will, contested. The surrogate admitted the will to probate, but made allowances to the counsel for the contesting parties. From this part of the decree the executors…
1Opinion of the CourtFolger, J.
No doubt the Surrogate’s Court, must find in some statute, its authority to give costs, or make an allowance in the nature thereof. The Revised Statutes (2 R. S., p. 223, § 10), give the power to award costs. Chap. 359, § 9, of the Laws of 1870, p. 828, gives the power to make an allowance. There are two phrases in the latter section, which affect the power there given. One is, “ in lieu of costs;” which restricts the allowance of a gross sum to the cases in which, under the Revised Statutes, costs according to a fee bill might have been awarded. The other is, according to the manner “ as are…
2Cases cited3 opinions
- Willcox v. SmithNew York Supreme Court · 1858
- Carrington v. CrockerNew York Court of Appeals · 1867
- Lain v. LainNew York Court of Chancery · 1843
3Cited by20 opinions
- In the Matter, Etc., of Estate of WestonNew York Court of Appeals · 1883
- Kearney v. . McKeonNew York Court of Appeals · 1881
- Henry v. Superior CourtCalifornia Supreme Court · 1892
- In re Williams' EstateMontana Supreme Court · 1918
- City of Oakland v. HoganCalifornia Court of Appeal · 1940
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