In re Clarke's Estate
New York Supreme Court
Petition by Eliza W. Clarke, as administratrix with the will annexed of David Clarke, deceased, and acting as trustee under the will, for leave to mortgage real estate of said testator.
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Petition by Eliza W. Clarke, as administratrix with the will annexed of David Clarke, deceased, and acting as trustee under the will, for leave to mortgage real estate of said testator. The proceeding was brought under Laws H. Y. 1886, c. 257, amending 1 Rev. St. N. Y. p. 730, § 65, (8th Ed., vol. 4, p. 2439,) relating to uses and trusts, for the purposes of paying an annuity given to the widow of the decedent by the will, and for raising money to pay future taxes as well as taxes then assessed, though not due at the time of the beginning of the proceeding. The referee, to whom the matter was…
1Opinion of the CourtRumsey, J.
That this is a special proceeding is conceded. It is also conceded that the order appealed from is a final order. The law is clear that, when allowed, costs in special proceedings are to be taxed at the same rate allowed for similar services in an action or on appeal from a judgment. Code Civil Proc. § 8240.1 The proceeding was begun by the service of a petition *868and notice of motion, and upon the objection of the contestants the matter was referred to a referee to take proof of the facts. A hearing was had before him, and upon his report a final order was made. That hearing was, I think, a…
2Cases cited3 opinions
- The People v. . the City Bank of RochesterNew York Court of Appeals · 1884
- Rensselaer Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1873
- In Matter of Petition of JetterNew York Court of Appeals · 1879
3Cited by2 opinions
- In re LoperNew York Supreme Court · 1900
- Souhami v. BrownstoneNew York Supreme Court · 1919