In re the Estate of Keating

John D. Bennett, S.

The contested probate proceeding being now concluded, on the settlement of the decree two applications are presented requesting an allowance of costs and disbursements for each party pursuant to SCPA 2302.

This proceeding was somewhat unusual and at times the court and the parties themselves were confused as to which should be designated as proponent and which as contestant. The proceedings were initiated by a petition of John Esposito propounding the instrument dated September 30,1966 as the last will and testament of the decedent. This petition was later withdrawn and a…