In re the Final Judicial Settlement of the Account of Ordway
Appellate Division of the Supreme Court of the State of New York
Appeal by Mary M. Ordway, individually and as administratrix, etc., from portions of a decree of the Surrogate’s Court of the county óf Washington, entered in said Surrogate’s Court on the 10th day of June, 1908.
1Opinion of the Court
Chester, J.:
We agree with the learned surrogate that the counsel fees and expenses incurred by the appellant in the action of Middleworth v. Ordway were not proper charges against the estate of the decedent. That action was one brought by the respondent here, Mrs. Middle-worth, against the appellant and the heirs at law of said decedent to compel the specific performance of a contract made between the father of Mrs. Middleworth, when she was an infant fifteen months *340old, under the terms of which the decedent agreed to adopt her as his child, and give her. the same right in his property as…
2Cases cited1 opinion
- Middleworth v. . OrdwayNew York Court of Appeals · 1908
3Cited by2 opinions
- In re the Estate of TaftNew York Surrogate's Court · 1932
- In re the Judicial Settlement of the Account of Proceedings of SmithAppellate Division of the Supreme Court of the State of New York · 1937