Dupuy v. Wurts

This case came into this court by appeal from the decree of the surrogate of the city and county of New York, admitting the will in contest to probate. The decree of the surrogate was affirmed by the general term, and, on appeal to the. court of appeals, the judgment of the *226supreme court was also affirmed. The question of costs was disposed of by the court of appeals, by directing that the costs of all the parties in that court and in the courts below should be paid out of the estate.

It appears that, on the decision of the case in his court, the surrogate allowed counsel fees to the…