In re the Estate of Pelcyger

Wingate, S.

Prior to its amendment by chapter 146 of the Laws of 1938, section 282 of the Surrogate’s Court Act contemplated a discretionary requirement of security for costs only from a respondent and primarily, if not exclusively, in a probate proceeding. (Matter of Meyer, 148 Misc. 901, 902.)

The 1938 amendment added the words “ Security for costs may be required from any non-resident who is a petitioner in any proceeding, provided the surrogate finds specifically that such security is necessary for the protection of the estate.”

This amendment was enacted on the suggestion of the executive…