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Matter of Miller

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 1947
272 App. Div. 780 (N.Y. App. Div. 1947)

Opinion

April 22, 1947.

Appeal from Surrogate's Court of Rockland County.


Order, insofar as appealed from, reversed on the law and the facts, with $10 costs and disbursements, payable out of the estate, and the matter is remitted to the Surrogate's Court for the retaxation of proponent's costs on the trial and on the appeal to this court. The decision of this court ( 270 App. Div. 826) awarded costs to the proponent. The Surrogate has limited those costs to $110. The allowance of disbursements on the appeal was improperly denied. In passing upon the costs and disbursements on the trial discretion was improvidently exercised in respect of the costs and disbursements. The extent of the allowance thereof should be the subject of re-examination and judicious action should be had thereon. Hagarty, Acting P.J., Carswell, Johnston, Adel and Nolan, JJ., concur.


Summaries of

Matter of Miller

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 1947
272 App. Div. 780 (N.Y. App. Div. 1947)
Case details for

Matter of Miller

Case Details

Full title:In the Matter of the Probate of the Will of ELIZABETH M. MILLER, Deceased…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 22, 1947

Citations

272 App. Div. 780 (N.Y. App. Div. 1947)