Western v. Romaine

The Surrogate.

On the taxation of costs in this matter, the rate at which they should be adjudged was disputed. In the Ecclesiastical Courts of England, costs are allowed in testamentary cases, both in original suits and on appeals. (Shultz vs. Pulver, 3 Paige, 185; Williams on Executors, 286. 310.) This practice never was adopted in this State previous to the Bevised Statutes, the Court of Probate having expressly adjudicated, that no authority existed to allow costs. (3 Paige’s Ch. R., 185; Reid vs. Vanderheyden, 5 Cowen’s R., 719.) By Section 10, Title 1, c. 2, Part HI., of the Bevised…