In re Bender's Will
New York Supreme Court
Appeal from surrogate’s court, Albany county. Proceedings for the probate of the will of Ephraim H. Bender, deceased. Probate was refused, and the executors were allowed their costs and disbursements in the probate proceedings out of the estate, and testator’s widow and others appeal.
1Opinion of the CourtStover, J.
The appeal is from so much of a decree made by the Albany surrogate’s court on the 10th day of July, 1894, as allows §500, paid as a fee to an expert medical witness, as a disbursement. The proceeding in which the item of $500 was allowed was for the probate of the will of Ephraim H. Bender, and one of the questions for the surrogate to determine in this proceeding was the mental capacity of the testator at the time of the making of the will. The sole question presented here is as to the power of the surrogate to allow the item in dispute. Allowances of costs in the surrogate’s court are…
2Cases cited2 opinions
- Mark v. . City of BuffaloNew York Court of Appeals · 1881
- Rothery v. . New York Rubber Co.New York Court of Appeals · 1882
3Cited by6 opinions
- In re the Adoption of ManziNew York Surrogate's Court · 1935
- Marcus v. New York Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1981
- Van Patten v. SylviaNew York Supreme Court · 1974
- In re the Acquisition of Rights of Way & Permanent Easements, by the Board of Supervisors, New York County Courts1940
- In re Brodhead's EstateNew York Surrogate's Court · 1896
1 more not listed; retrieve them via the Exa API.