In re the Estate of Chambers

Wingate, S.

The question presented on this motion for reargument concerns the propriety of the decision of this court in assessing discretionary costs in favor of two respondents against the petitioner in an independent proceeding for the construction of a will instituted by a receiver in supplementary proceedings.

The petitioner sought to obtain a declaration of the invalidity of certain provisions of a will which erected a trust wherein his judgment debtor was named as an income beneficiary, to the end that he might obtain a distribution of the principal fund for application upon the judgment…