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MATTER OF LYDIG
Surrogate's Court of the City of New York, New York County.
May 15, 1933
Important Paras
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FOLEY, S.
Costs taxed. No allowance for counsel fees after appeal can be made except to an executor, administrator, guardian or trustee. (Surr.Ct. Act, ยง 278.) In my opinion the provision of section 278, authorizing the surrogate to make an allowance for counsel fees where a construction of a will is involved, applies only to the original decree in such proceeding.
Insert appropriate amounts in order on remittitur and resubmit the same for signature.
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