Lawrence v. . Lindsey
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, affirming an order of Special Term which confirmed the taxation of costs in favor of respondent, Eliza Lindsey, to be paid out of the estate. The original appeal was by the present appellants from a judgment of General Term, affirming a decree of the surrogate of King’s county, on a final accounting of appellants as executors of the estate of Henry Lawrence, deceased.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, affirming an order of Special Term which confirmed the taxation of costs in favor of respondent, Eliza Lindsey, to be paid out of the estate. The original appeal was by the present appellants from a judgment of General Term, affirming a decree of the surrogate of King’s county, on a final accounting of appellants as executors of the estate of Henry Lawrence, deceased. The decision therein is reported in 68 FT. Y., 108. The judgment appealed from was reversed. The order of reversal was as follows: “…
1Opinion of the CourtAndrews, J.
The order of reversal in this court directed that the proceedings be remitted for rehearing by the surrogate, and concludes as follows: “ Costs in this court to be paid out of the estate.” The direction, in respect to costs, is somewhat ambiguous; but, in view of the circumstances of the case, the nature of the appeal, and the effect of the adjudication upon the merits of the controversy, we think the true construction is, that all the parties are entitled to costs in this court, and not the appellants only. The appellants succeeded in procuring a reversal of the judgment of the General Term,…
2Cited by3 opinions
- In re KinnAppellate Division of the Supreme Court of the State of New York · 1910
- In re the Estate of RobertsNew York Surrogate's Court · 1933
- Wadley v. DavisNew York Supreme Court · 1885