Appellate Division of the Supreme Court of New York, 1934

In re Proving the Last Will & Testament of Reimers

In re Proving the Last Will & Testament of Reimers
Appellate Division of the Supreme Court of New York · Decided October 15, 1934
242 A.D. 781
In re Proving the Last Will & Testament of Reimers

Opinion of the Court

Order of the Surrogate’s Court of Queens county, in so far as appealed from, reversed on the law and the facts, without costs, and the application for discretionary allowances therein granted to the extent of $5,121.53 denied, without costs. In view of the fact that the major part of the disbursements was necessitated by the prosecution of the unmeritorious appeal by the contestants from the decree of the Surrogate’s Court in so far as it denied probate to the 1923 will, they should be disallowed, in the exercise of sound discretion. For the same reason the counsel fee in respect to this phase of the litigation should be disallowed. This estate has been, heretofore, unduly burdened with allowances to the unsuccessful contestants. Lazansky, P. J., Young, Cars-well, Seudder and Tompkins, JJ., concur.

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