In re the Probate of the Will of Beck — 154 N.Y. 750

Majority

p. 750

In the Matter of the Probate of the Will of David F. Beck, Deceased; George B. Owen, as Executor, and Francis A. McCloskey, Special Guardian, Appellants; Helen Kay et al., Respondents.

Headnote

Matter of Beck, 6 App. Div. 211 , affirmed.

(Argued October 19, 1897;

decided November 23, 1897.)

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 9, 1896, which affirmed a decree of the surrogate of Kings county admitting a will to probate and allowing costs payable out of the estate. The executor appeals from so

p. 751

much of the order as allows costs; the special guardian from so much of the same as affirms the decree of the surrogate.

Robert Stewart for special guardian, appellant, and for Helen Kay et al., respondents.

George Oarlton Gomstoolt, for executor appellant.

Order affirmed on opinion below, without costs to either party.

All concur.