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MATTER OF MITTELSTAEDT

1 A.D.2d 944 (1956)

In the Matter of the Probate of The Will of Emma T. Mittelstaedt, Deceased. Harriet A. Mittelstaedt, Appellant; Edward L. Mittelstaedt, Respondent

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

April 24, 1956

MEMORANDUM BY THE COURT.

Supplemental decree modified to the extent of disallowing costs in the amount of $1,650 in the probate trial contested in the Surrogate's Court, and, as so modified, affirmed. Contestant is entitled to the $100 costs awarded by this court on the prior appeals. However, costs incurred in the probate contest should not have been allowed in the circumstances of this case, as a matter of discretion.

COX, J. (dissenting).<...

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