In re the Judicial Settlement of the Account of Kreidler
New York Surrogate's Court
Application, for costs and allowances made by Addison E. Kreidler, executor, etc.; George Willey and Edward Willey, as ■executors, etc., of Philura Willey, deceased; .Kelson Swink and Amanda Swink and Edna S. Kame, and Edward A. Kreidler -and Sophia S. Kreidler.
1Opinion of the Court
Wheeler, S.
There seems to be some confusion or misapprehension on the part of the bar in general on the subject of costs and allowances in the Surrogate’s Court, and, in view of the fact that some of the parties to this proceeding have asked for allowances which the surrogate has no power to grant, we take this occasion to make a short review of the law governing ■costs and allowances in Surrogate’s Court.
The surrogate has not the power to award costs or to grant an allowance for any amount that he may think would compensate a party. The power to grant allowances and costs is derived wholly…
2Cases cited8 opinions
- In re the Settlement of the Estate of WellingAppellate Division of the Supreme Court of the State of New York · 1900
- Seaman v. . WhiteheadNew York Court of Appeals · 1879
- Burtis v. DodgeNew York Court of Chancery · 1845
- Osborne v. McAlpineNew York Surrogate's Court · 1878
- McMahon v. SmithAppellate Terms of the Supreme Court of New York · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Yaple v. StillAppellate Court of Illinois · 1927
- In re Proving the Last Will & Testament of ForemanAppellate Division of the Supreme Court of the State of New York · 1933
- In re the Accounting of ZuckermanNew York Surrogate's Court · 1957
- In re the Accounting in the Estate of HendelNew York Surrogate's Court · 1919
- In re the Assignment of Leon Mayer, Inc.New York Supreme Court · 1919
2 more not listed; retrieve them via the Exa API.