In Re the Probate of the Will of Reimers

Pound, Ch. J.

The last will of Henry Reimers was unsuccessfully contested by executors named in a prior will. The Surrogate allowed the unsuccessful contestants costs, disbursements and counsel fee. The Appellate Division struck out the allowance for counsel fee and expenses as not within the meaning of Surrogate’s Court Act (§ 278), with costs to appellant Weigelt (the proponent of the last will) payable out of the estate. (237 App. Div. 343.) This court reversed the Appellate Division and affirmed the Surrogate, “ with costs in this court to all parties filing briefs, payable out of the…