In the Matter of the Application of James C. Holden, as Trustee

Summary

The New York Court of Appeals reversed the lower courts' orders that granted counsel fee allowances in a special proceeding for the resignation of a trustee and appointment of a new trustee. It held that under Code of Civil Procedure §3240 the court may award costs only at the rates allowed for similar services in an action and may not make extra allowances, including to guardians of infant beneficiaries or to the new trustee.