Adlung v. Gotthardt
Decision Date | 15 May 1958 |
Docket Number | No. 14215.,14215. |
Citation | 103 US App. DC 195,257 F.2d 199 |
Parties | George A. ADLUNG, Executor of the Estate of Mamie Ross, Deceased, Appellant, v. Anna E. GOTTHARDT et al., Appellees. |
Court | U.S. Court of Appeals — District of Columbia Circuit |
Mr. Arthur J. Hilland, Washington, D. C., with whom Mr. Ferdinand J. Mack, Washington, D. C., was on the brief, for appellant.
Mr. Vivian O. Hill, Washington, D. C., with whom Mr. O. R. McGuire, Washington, D. C., was on the brief, for appellees.
Before PRETTYMAN, WASHINGTON and BURGER, Circuit Judges.
This is an appeal from an order of the District Court denying appellant's motion for an assessment of certain costs against appellees. Appellees were the unsuccessful caveators in a will contest proceeding in which appellant, as executor, defended the will. See Gotthardt v. Adlung, 100 U.S.App.D.C. 393, 246 F.2d 674 (1957). As a part of that proceeding the District Court, upon request of the caveators, appointed a Collector of the assets of the estate. The Collector's commission was allowed by the District Court and paid by the estate,1 apparently without objection from the executor. The executor now seeks to have this item, the commission of the Collector, assessed against the caveators as part of collectible costs in the will contest. The request was denied and this appeal followed.
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...of "a copy of the transcript to prepare for the appeal." The statute allows recovery of the "taxed costs." In Adlung v. Gotthardt, 103 U.S.App.D.C. 195, 196, 257 F.2d 199, 200, it was said: "The assessment of costs is, in part, a matter governed by statute; in part by usage."2 We know of no......