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In the Matter of the Probate of the Will of Emma T. Mittelstaedt, Harriet A. Mittelstaedt, Appellant Edward L. Mittelstaedt
Opinions in this case
- Majority
- Dissent — Cox
Memorandum by the Court. Supplemental decree modified to the extent of disallowing costs in the amount of $1,650 in the probate trial contested in the Surrogate’s Court, and, as so modified, affirmed. Contestant is entitled to the $100 costs awarded by this court on the prior appeals. However, costs incurred in the probate contest should not have been allowed in the circumstances of this ease, as a matter of discretion.