Hafner v. Hafner

The case of Savage v. Sherman (87 N. Y. 277), cited with approval in Matter of Holden (126 id. 589), is authority for the proposition that parties defendant to an action for the construction of a will may not be awarded additional allowances. In the case cited the point was ruled without discussion of the reasons, but the soundness of the proposition, as applied to the present statute, is disclosed upon examination of the case of Downing v. Marshall (37 N. Y. 380), which proceeded upon a construction of sections 308 and 309 of the Code of Procedure — a construction directly applicable to the…