In re the Probate of the Will of Budlong
New York Supreme Court
Appeal by Isaac Budlong, special administrator, and Isaac Bud-long, Scbuyler Budlong and Levi S. Budlong, as executors, from two orders, one granted by tbe Surrogate’s Court of Monroe county, December 31, 1883, allowing tbe special guardian for minor contestants tbe sum of $1,000 for compensation, fees and disbursements ■as sucb special guardian, and directing tbe special administrator to pay tbe same out of tbe assets of tbe decedent, and tbe other granted January 25, 1884,…
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Appeal by Isaac Budlong, special administrator, and Isaac Bud-long, Scbuyler Budlong and Levi S. Budlong, as executors, from two orders, one granted by tbe Surrogate’s Court of Monroe county, December 31, 1883, allowing tbe special guardian for minor contestants tbe sum of $1,000 for compensation, fees and disbursements ■as sucb special guardian, and directing tbe special administrator to pay tbe same out of tbe assets of tbe decedent, and tbe other granted January 25, 1884, denying a motion to set aside tbe said ■order of December 31, 1883, “as improvidently granted and unauthorized by law,…
1Opinion of the Court
Hardin, J.:
Louisa J. Cole, one of tbe daughters of tbe testator, contested tbe probate of her father’s will, and during tbe contest she died, and in June, 1883, tbe proceedings were revived in tbe name of *236her minor children and that of her husband, and the respondent was appointed special guardian for the minor children, and the proceedings were continued and the contest closed, the result being a decree of the surrogate made and entered December 27, 1883, overruling the contest and admitting the will to probate. The-decree did not award any costs to the contestants or the special guardian so…
2Cases cited3 opinions
- Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
- Smith v. CastlersNew York Supreme Court · 1830
- In re MaceNew York Surrogate's Court · 1880