In re the Construction of the Will of James

George Fraukeuthaler, S.

The court has undoubted power to allow to any party to the proceeding reasonable counsel fees and reimbursement of expenses incurred in connection with the judicial construction of the will by this court and the appellate courts (Surrogate’s Ct. Act, § 278). Matter of Hayden (200 Misc. 758) is not authority to the contrary. In that case, petitioners were not mentioned in the will, their status was immediately challenged, their efforts to prove their interest by extrinsic evidence were wholly unsuccessful, and their petition for construction of the will was dismissed…