In re Byron's Will
New York Supreme Court
Appeal from surrogate's court, Brie county. On a contest of the will of Henry H. Byron, deceased, a judgment was rendered for proponents. The contestants, having unsuccessfully opposed probate, moved for an order directing proponents to pay them out of the estate the sum expended by them in procuring for use on the appeal a copy of the stenographer’s minutes of the evidence. The order was granted, and proponents appeal.
1Opinion of the CourtLewis, J.
There was a contest in the surrogate’s court of Brie county over the probate of the will of Henry H. Byron, deceased. A decree was entered on the 10th day of September, 1890, admitting the will to probate. It was directed by the decree that the question of the costs be reserved to be determined by the further decree of the surrogate’s court. A motion was thereafter made by the contestants to be allowed as disbursements the sum of $456.80, paid for a copy of the stenographer’s minutes of the evidence taken upon the trial. They presented upon the motion affidavits showing that by direction of…
2Cited by6 opinions
- In re EngelbrechtAppellate Division of the Supreme Court of the State of New York · 1897
- In re the Estate of BonesteelNew York Surrogate's Court · 1963
- In re the Probate of the Will of ProbenNew York Surrogate's Court · 1960
- In re the Application for the Payment of Administration Expenses in the Estate of BaumanAppellate Division of the Supreme Court of the State of New York · 1931
- In re DavisAppellate Division of the Supreme Court of the State of New York · 1992
1 more not listed; retrieve them via the Exa API.