The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-03

Surrogate Hutchings before whom argument on
motion was made some days since, by counsel en-
gagged In the late trial OF the celebrated Taylor VIII
for allowances for services and costs yesterday
delivered the following decision, which will be
found OF great importance to the public generally
DECISION
This application by counsel OF the executors and
also BY the counsel Of the srandaags:er Of the deceased
tr before me rs 70 the validity OF the paper which BY the
therein ervns all Of costs and allow
hi. is
grant &c Is however aa, discretionary
h &. affords Ds X. to e - my
to be he ssqass w9a ri be
general rule on the subject nasmpch as there undoubt
to
such IT is obtained BY P9e, under
lee. or BY fraud when contests may be very reasonably
line Between capacity and IS not easily dste
fa Sc sa n H. Win %asa
provons Satisfactory TO themselves they warranted in
sa .sss Expense: they
principle which Of S He " o
the .esto ne Is Q, sound and dposng n9d and
make even an arbitrary disposition Of his property
cass neaoy would take his and the power 80
given must be respected and the exercise OF enforced by
:S nd s hs law f.
s 'pa 60 IN The sos IN
general litigation other the courts that
ton from their clients ana hat the Clients themselves
Il which Any q sondsc. Of
encourage unnecessary and efoundsss h,isa,on the
grea, depreciation and loss account
o. the rGwss Of nader wills during me con-
counsel disbursem in sustaining the probate and
ability r q
/
in lie q the WIN the payment Of promssoy
Taurea since his dssesse and Their INABILITY AVOID ~
while here are also Important esecutory eoaTsets
ss q 4.
The not h ny sSe wn
There was none a S5s of 1 y s and
counsel hardly eoni.ndea Il, and finally wholly
strenaousy adhered to than the Claim Of
ana @ ~ OF
Witnesses 10 the viii and other positive proof Of such sha
The s h e
WIN be PIov:GRR:
Jury and tie contestant herself was given an annuity Of
d'Tes has there M, are %
ae e Ten where e v as hfsn
surviving and in this case tue only eesceuasn being his
the estate was not diverted from the family but
mother the custodian OF the estate, would do
her as her grandfather woul, II living the former
left with the power Of free dlspos,on there appears
not only 10 have been no disaaecon, but on tie con-
grandmother DIS the contestants In
cpes have stated and o. the
developed by the testimony the which
reviewed tor this purpose)I unable to discover that
such reasonable grounds opposition viii
warrant in orderin. the payment Of the
Contestants counsel OF The estate, and The refore deem
deny their motion rs to the apIlicat
| OF the counsel for the executors for pawn
Of their charges out OF the estate considering that
bulk Of the estate is left TO Laura 8 Taylor the widow OF
tesator and who 10 also executrix, shall
allowance have her sanction subject
make such direction TO the charges the
the leeatees, Mr.. Duryea Weston
In regard TO the application of David Jaqus the special
guardian of the contestant, for n tab
allowance him for his services think proper reserve
the question until the discrimination OF the pending appeal
| from my former decree by the Supreme Court