New York Surrogate's Court August 31, 1936 (In re the Estate of Lyons)

Wingate, S.

Whereas costs were unknown at common law (People ex rel. N. Y. S. P. C. C. v. Gilmore, 88 N. Y. 626; Matter of Tillotson v. Smith, 12 N. Y. St. Repr. 331, 333, reported by memorandum only, 45 Him, 593; Matter of Hill v. Sheldon, 55 id. 44), and the right to their receipt must, in each instance, be traced to some identifiable statutory enactment (Osborn v. Cardeza, 208 N. Y.