MATTER OF PROBEN


23 Misc.2d 993 (1960)

In the Matter of the Probate of the Will of Josephine M. Proben, Deceased.

Surrogate's Court, Nassau County.

July 6, 1960.


Attorney(s) appearing for the Case

Karow & Hentel for contestants. Edward J. Speno for proponent.


JOHN D. BENNETT, S.

This is a motion by the unsuccessful contestants in a probate proceeding for an order directing that they be furnished with a copy of the stenographer's minutes of the trial at the expense of the estate.

It is the general rule that "costs, payable out of the estate or otherwise, shall not be awarded to an unsuccessful contestant of the will" (Surrogate's Ct. Act, § 278).

The provision in section 278 of the Surrogate...

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