In re Sexton
New York Surrogate's Court
Application for costs and allowances in a special proceeding instituted by the administrator in November, 1879, for the sale of decedent’s real property. Further facts appear sufficiently in the opinion.
1Opinion of the Court
The Surrogate.
This is an application for costs and allowances. Proceedings upon a petition for leave to sell decedent’s real estate were commenced in November, 1879, and have just been concluded." In the interval, the present Code of Civil Procedure. has become law. Upon this state of facts, the question arises, should the costs in this proceeding be adjusted by the laws which the Code has replaced, or by the Code itself? Manifestly by the latter, unless the former, which have been in terms repealed, still survive for such purposes as the present.
When the first steps were taken for the sale…
2Cases cited7 opinions
- Rich v. HussonThe Superior Court of New York City · 1852
- Smith v. CastlersNew York Supreme Court · 1830
- Hunt v. MiddlebrookNew York Supreme Court · 1857
- In re MaceNew York Surrogate's Court · 1880
- Ackley v. TarboxNew York Supreme Court · 1865
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