In re the Estate of Jacobs

O’Connor, S.

This is an application by Ruth Jacobs for an allowance by the surrogate of costs on an appeal to the Court of Appeals and that the decree to be entered contain a direction that all costs allowed and to be allowed be paid from the principal of the trust fund in question.

The National City Bank of New York, as trustee under the will of Frances A. Jacobs, late of the county of Delaware, N. Y., deceased, petitioned the Surrogate’s Court for a construction of the eighth paragraph of said will. In the eighth paragraph she bequeathed to her executors the sum of $3,000, “ to be expended…