In re the Judicial Settlement of the Account of Perry

Gaynor, J.:

It is not necessary to amend our judgment of riiodification of the decree of the Surrogate by adding the words “ and disbursements ” to the words “ with costs ”. The latter phrase includes disbursements except in appeals from orders; following by analogy in the case of Surrogate’s decrees or judgments the express provision of section "3256 of the Code of Civil Procedure in respect of other courts, viz., that “ a party to whom costs are awarded in an action is entitled to include in his bill of costs his necessary disbursements There is no foundation for the suggestion that under…