Legal Opinion

McNamee v. Estate of Marcellin

New York Surrogate's Court

Decided November 15, 1898PublishedCited by 1 opinion

Application for an order directing the temporary administrator to make a payment to defray certain expenses of a commissioner appointed to take testimony of subscribing witness to a will upon a contest thereof, also ordering the payment of attorney’s fees. Facts are contained in decision.

1Opinion of the Court

Arnold, S.

Application is here made for an order directing the temporary administrator of this estate to make a payment therefrom of $100 to defray certain expenses of a commissioner appointed to take the testimony of subscribing witnesses to the will, the probate of which is contested, and also to make a payment of $500 to the attorney of the administrator for services rendered to him- With respect to the first branch of the application, there is no authority for the order asked for. Expenses incurred in obtaining the testimony of witnesses upon the contest over the will are not expenses of…

2Cited by1 opinion

  1. In re Suydam's EstateNew York Surrogate's Court · 1916

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