Kayhart v. Whitehead

Emery, V. C.

The bill in this case is filed by an executor, who is also 'the residuary devisee and legatee, against four legatees, to recover or retain from their legacies-the expenses of the probate of the testator’s will. The amount paid was $4,648.32, and was paid by the executor out of the estate, under the order of the orphans court of Morris county, which admitted the will to probatfe in contested proceedings upon a caveat filed by George Decker, one of the four legatees, and after the dismissal for want of prosecution, of an appeal to the prerogative court from the decree admitting to…