In re Accounting of Niles — 23 N.Y. St. Rep. 997

Majority

p. 997

IN RE ACCOUNTING OF NATHANIEL NILES, Adm’r, etc.

N. C. Moak, for app’lt; M. E. Sawyer and Chas. Lyon, Jr., for resp’ts.

Motions for re-argument, and to amend remittitur.

Motion for re argument denied, with costs.

Motion to amend remittitur so as to discharge referee denied, for the reason that, as the judgments are reversed generally, the proceedings before the former referee fall naturally, and the surrogate is left to act in his discretion.

p. 998

The remittitur is amended so as to award costs to the appellant in all courts, to be paid from the estate.

See 14 N. Y. State Rep., 538; 15 id., 1011.