In re the Accounting of Snyder

The orders appealed from should be modified so as to allow to appellant the costs and disbursements on the first appeal to the Appellate Division which were awarded “ to the appellant to abide the event ” (263 App. Div. 516). Although appellant’s testator was again defeated on both causes of action on the second trial by the Surrogate, whose second decree was affirmed by the Appellate Division (268 App. Div. 983), the Court of Appeals reversed it on the merits with respect to one cause of action (295 N. Y. 73). The event is to be judged by the decree as it is finally to be entered in the…