In re Curry's Will

New York Supreme Court

In re Curry's Will

19 N.Y.S. 728, 47 N.Y. St. Rep. 307, 65 Hun 619

CourtNew York Supreme Court

DecidedJune 29, 1892

StatusPublished

Cited by1 cases

This text of 19 N.Y.S. 728 (In re Curry's Will) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Curry's Will, 19 N.Y.S. 728, 47 N.Y. St. Rep. 307, 65 Hun 619 (N.Y. Super. Ct. 1892).

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Opinion

Per Curiam.

The decree admitting the will to probate in this proceeding directed the executor to pay a certain sum for costs out of the estate. The executor having refused to pay said costs, a motion was made to compel him to pay the same and $10 costs of motion, which costs of motion were to be charged against him personally; and this motion was granted by the surrogate, directing the executor to pay these costs out of the estate and the $10 personally. There was no direction made by the surrogate that any part of the original costs mentioned in the decree should be paid by the executor personally, the $10 costs being all that were charged against him personally, as is plain by a reading of the order. The order, therefore, should be affirmed, with $10 costs and disbursements.

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Per Curiam.

The decree admitting the will to probate in this proceeding directed the executor to pay a certain sum for costs out of the estate. The executor having refused to pay said costs, a motion was made to compel him to pay the same and $10 costs of motion, which costs of motion were to be charged against him personally; and this motion was granted by the surrogate, directing the executor to pay these costs out of the estate and the $10 personally. There was no direction made by the surrogate that any part of the original costs mentioned in the decree should be paid by the executor personally, the $10 costs being all that were charged against him personally, as is plain by a reading of the order. The order, therefore, should be affirmed, with $10 costs and disbursements.

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Bluebook (online)

19 N.Y.S. 728, 47 N.Y. St. Rep. 307, 65 Hun 619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-currys-will-nysupct-1892.

Opinion

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