In re the Estate of Lydig

Foley, S. Costs taxed. No allowance for counsel fees after appeal can be made except to an executor, administrator, guardian or trustee. (Surr. Ct. Act, § 278.) In my opinion the provision of section 278, authorizing the surrogate to make an allowance for counsel fees where a construction of a will is involved, applies only to the original decree in such proceeding. Insert appropriate amounts in order on remittitur and resubmit the same for signature.