In re the Judicial Settlement of the Account of Proceedings of Evans

Majority

p. 902

In the Matter of the Judicial Settlement of the Account of Proceedings of Richard J. Evans, as Administrator, etc., of Anna Evans, Deceased, Appellant; John M. Donovan, Respondent.

We think that under the circumstances of this case the decree of the Surrogate’s Court of Kings county should be modified by striking out the provision for ninety-five dollars and sixty-five cents costs against the appellant, and as so modified affirmed, without costs of this appeal. Woodward, Jenks, Gaynor and Rich, JJ., concurred. -