Legal Opinion
In Re the Accounting of Marks
New York Court of Appeals
Decided May 22, 1941PublishedCited by 4 opinions
1Per curiam
The power of the court to award costs in all courts and to all parties in proceedings for the construction of a will is well established. (Matter of Rooker, 248 N. Y. 361; Matter of Kennedy, 279 N. Y. 255.) Such a grant of costs does not deprive the Surrogate of discretionary powers granted to him under section 278 of the Surrogate’s Court Act. (Matter of Staiger, 249 N. Y. 229.) Such costs do not include any allowances for counsel fee. That is a matter to be determined by the Surrogate. (Matter of Reimers, 264 N. Y. 62.) Robert E. Walters was not a party to any controversy determined, by…
2Cases cited4 opinions
- Matter of RookerNew York Court of Appeals · 1928
- In Re Accounting of Guaranty Trust Co.New York Court of Appeals · 1938
- In Re Proving the Will of StaigerNew York Court of Appeals · 1928
- In Re the Probate of the Will of ReimersNew York Court of Appeals · 1934
3Cited by4 opinions
- In re HutsonAppellate Division of the Supreme Court of the State of New York · 1943
- In re the Estate of LockeNew York Surrogate's Court · 1964
- In re the Accounting of Franklin National BankNew York Surrogate's Court · 1958
- In Re the Accounting of MarksNew York Court of Appeals · 1941