Fisher v. Bennett
New York Supreme Court
Application for an extra,"allowance,.in an action upon a-clai against a decedent’s‘estate, payment of which was unreasonabl resisted by the executor thereof. ' 1
1Opinion of the CourtRussell, J.
Since the amendment of 1893 to section 2718 of the Code of Civil Procedure the referee has power to award costa against an executor on a claim referred and judgment is entered on the report of the referee. Although section 1836 apparently gives power to the court alone to award costs, it must be construed in conjunction with section 2718. Whitcomb v. Whitcomb, 92 Hun, 446; Winne v. Hills, 91 id. 93; Niles v. Crocker, 88 id. 314, 315; Ellis v. Filon, 85 id. 489.
The merits of the original award of costs are not before this court and it must be conceded that those costs were rightly awarded. The…
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