MATTER OF BREWER


277 A.D. 1008 (1950)

In the Matter of the Probate of The Will of Marie Brewer, Deceased. Klara Dahl, Individually and as Executrix of Marie Brewer, Deceased, Appellant; Karl R. Dahl, Sr., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 30, 1950.


Order modified on the law and the facts by reducing the amount allowed petitioner-respondent to $2,000, and, as so modified, affirmed, with costs to parties filing briefs, payable out of the estate.

In our opinion the record supports the finding below that petitioner-respondent acted in good faith in offering the instrument for probate; and an allowance to the unsuccessful proponent may therefore be made, in the Surrogate's discretion, under section 278 of the Surrogate...

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