Opinion · Nylaw New York

MATTER OF COZZENS, 266 App. Div. 1022 (1943)

In the Matter of Prob. of the Will of ESTELLE G. COZZENS, Deceased.ANN C.D. BENSON et al., Appellants; MADGE B. POGGENBURG, Respondent., 266 A.D. 1022 (Appellate Division of the Supreme Court of New York, Second Department. 1943)

Type
Opinion
Court
Nylaw New York
Jurisdiction
Nylaw
Date
1943-11-22
Topic
general

MATTER OF COZZENS, 266 App. Div. 1022 (1943) In the Matter of the Probate of the Will of ESTELLE G. COZZENS, Deceased.ANN C.D. BENSON et al., Appellants; MADGE B. POGGENBURG, Respondent.Appellate Division of the Supreme Court of New York, Second Department.

Citator

UpLaw has not yet analyzed MATTER OF COZZENS, 266 App. Div. 1022 (1943). The absence of a flag is not a finding that it is good law.

MATTER OF COZZENS,266 App. Div. 1022(1943)
In the Matter of the Probate of the Will of ESTELLE G. COZZENS, Deceased.
ANN C.D. BENSON et al., Appellants; MADGE B. POGGENBURG, Respondent.
Appellate Division of the Supreme Court of New York, Second Department.
November 22, 1943.
Proceeding for the probate of a paper writing propounded as the last will and testament of the decedent. From a decree of the Surrogate's Court of Putnam County admitting to probate the propounded paper writing as such last will and testament and awarding judgment for costs in the sum of $360.52 against the contestants personally, the contestants appeal. Decree modified on the law and the facts by striking therefrom the provision for costs payable by the contestants personally and inserting in lieu thereof a provision awarding costs to respondent and one bill of costs to appellants jointly, payable out of the estate. As so modified, the decree is unanimously affirmed, with a separate bill of costs to respondent and to the appellants jointly, payable out of the estate. In our opinion, although in other respects the decree appealed from was properly made, in the exercise of discretion costs should not have been imposed personally upon contestants.
Present — Close, P.J., Hagarty, Adel, Taylor and Lewis, JJ.Page 1023