In re the Accounting of Borst

Campbell, S.

This court is called upon to fix the amount of costs to be allowed a successful claimant pursuant to section 278 of the Surrogate’s Court Act.

Testatrix died May 15, 1940. The New York State estate tax proceedings show a gross estate of $147,582.71; net estate of $135,495.51, and the tax paid, pursuant to article 10-C of the Tax Law, was $1,207.96.

*530Litigation in this estate concerned a bond and mortgage for $2,000 executed in 1909 which was assigned to testatrix during her lifetime by Dorothy Gr. Frost, widow and executrix of the estate of J. Sheldon Frost, deceased. The latter,…