In re McLean

Appellate Division of the Supreme Court of New York

In re McLean

180 A.D. 269, 167 N.Y.S. 656, 1917 N.Y. App. Div. LEXIS 8142

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 14, 1917

StatusPublished

This text of 180 A.D. 269 (In re McLean) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re McLean, 180 A.D. 269, 167 N.Y.S. 656, 1917 N.Y. App. Div. LEXIS 8142 (N.Y. Ct. App. 1917).

Pincite

Opinion

Sewell, J.:

We think that the court erred in granting leave to issue the execution. The right to contest the probate of the will did not exist in the appellants personally. They necessarily contested it in the right of their intestate and the record shows that they were parties to the proceeding in their representative character. Under such circumstances it would not be proper to charge the appellants personally with costs, and the word “ contestants ” in the decree must be held to refer to them in their representative capacity, and not to them as individuals.

The order appealed from should be reversed, with costs and disbursements to the appellants.

All concurred.

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.

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Sewell, J.:

We think that the court erred in granting leave to issue the execution. The right to contest the probate of the will did not exist in the appellants personally. They necessarily contested it in the right of their intestate and the record shows that they were parties to the proceeding in their representative character. Under such circumstances it would not be proper to charge the appellants personally with costs, and the word “ contestants ” in the decree must be held to refer to them in their representative capacity, and not to them as individuals.

The order appealed from should be reversed, with costs and disbursements to the appellants.

All concurred.

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.

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Bluebook (online)

180 A.D. 269, 167 N.Y.S. 656, 1917 N.Y. App. Div. LEXIS 8142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mclean-nyappdiv-1917.