In re Van Cott
New York Court of Chancery
A petition for leave to traverse the inquisition in this case was presented, in which J. B. Scoles appeared as solicitor. An issue was directed, and the finding by the inquest was confirmed. The solicitor applied for an order that the committee pay his costs and expenses, as between solicitor and client, out of the estate.
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A petition for leave to traverse the inquisition in this case was presented, in which J. B. Scoles appeared as solicitor. An issue was directed, and the finding by the inquest was confirmed. The solicitor applied for an order that the committee pay his costs and expenses, as between solicitor and client, out of the estate. He stated that he had only received about $20 or $25. By the affidavits on the part of the committee, it appeared that deeds from Van Cott to the solicitor *and to S. S. Johnson were overreached by the finding of the jury, and that the issue was in fact for their benefit.
1Opinion of the Court
The Chancellor. :—The statute under which the pro* ceedings in this case were instituted, limits the expense to be charged on the estate at twenty-five-dollars in case of a traverse. It necessarily follows that in no case of an unsuccessful traverse can the solicitor of the traverser have any allowance out of the estate. The committee’s expenses must be first paid, and they will absorb the whole amount allowed by law. But in this case there can be no reason for paying the costs of Scoles out of the estate in the hands of the committee, even if there was no restriction in the statute. Van Cott…
2Cited by2 opinions
- Carter v. . BeckwithNew York Court of Appeals · 1891
- In re ClappNew York Supreme Court · 1861