In re the Accounting of Hanover Bank — 18 A.D.2d 993

Majority

p. 993

In the Matter of the Accounting of Hanover Bank et al., as Executors of Muriel K. Bellamore, Deceased.

Application for resettlement denied. The order directing that costs be payable out of the estate is clear enough, in the absence of limitation to the particular fund. Such imposition is permissible in the exercise of discretion. (E.g., Matter of Ablett, 3 N Y 2d 261 , 278-279; Matter of James, 2 Misc 2d 468 .) Concur — Breitel, J. P., Rabin, McNally, Eager and Bergan, JJ.

Cases cited

In re the Accounting of Judson 3 N Y 2d 261 N.Y. 1957-07-03 at 278-279 p. 993
In re the Construction of the Will of James 2 Misc 2d 468 N.Y. Sur. Ct. 1955-12-02 p. 993