In re Proving the Last Will & Testament of Reimers

We find no reason for disturbing the decree in so far as it relates to the probate of the November 23, 1928, will of the decedent.

The decree awarded the contestants (executors under a prior will) “ costs ” and allowed them $854.40 “ disbursements ” and a counsel fee of $2,500 as “ expenses.”

We think, however, that the decree is erroneous in so far as it allowed “ disbursements ” and “ expenses.”

The power of the surrogate to award costs and grant allowances is purely statutory. (Matter of Eddy, 207 App. Div. 162, 163.)

The pertinent portion of section 278 of the Surrogate’s Court Act, giving…