MATTER  OF  KKEIDLER.  661

Applicatio^  for  costs  and  aUowano^  made  by  Addison  E*
Sreidler,  executor,  etc. ;  George  Willej  and  Edward  Willej,  as
executors,  etc.,  of  Philura  Willey,  deceased ;  ITelson  Siwink  and
Amanda  Swink  and  Edna  S.  Eame,  and  Edward  A.  Kreidler
and  Sophia  S.  Kreidler.
Henry  V.  Pratt,  for  Addison  E.  Kreidler,  executor,  etc;
Oharles  W.  Stevens  and  John  F.  Little,  for  George  Willej  and
Edward  Willey,  as  executors,  etc.,  of  Philura  Willej,  deceased ;
H.  A.  Burdick,  for  ITelson  Swink,  Amanda  Swink  and  Edna
6.  Kame;  W.  S.  McGreevey,  for  Edward  A.  Ejreidler  and
Sophia  S.  Kreidler.
WIhseles,  S. — ^There  seems  to  be  some  confusion  or  misap-
prehension on  the  part  of  the  bar  in  general  on  the  subject  of
<x)sts  and  allowances  in  the  Surrogate's  Court,  and,  in  view  of
the  fact  that  some  of  the  parties  to  this  proceeding  have  asked
ior  allowances  which  the  surrogate  has  no  power  to  grant,  we
take  this  occasion  to  make  a  short  review  of  the  law  governing
•costs  and  allowances  in  Surrogate's  Court.
The  surrogate  has  not  the  power  to  award  costs  or  to  grant
an  allowance  for  any  amount  that  he  may  think  would  compen-
«ate  a  party.  The  power  to  grant  allowanoet  and  costs  is  de-
rived wholly  from  statutory  provisions.  Matter  of  Welling,
61  App.  Div.  a67;  McMahon  v.  Smith,  20  Misc.  Kep.  805;
Matter  of  Eeeves,  48  Hun,  607;  Code  Civ.  Pto.,  §§  2561,

It  matters  not  how  generous  the  surrogate  might  feel,  how
liberally  he  might  wish  to  award  costs  or  allowances  to  an  ac-
<x>unting  party,  or  costs  to  any  other  party;  the  above  men*
tioned  sections  of  the  Code  of  Civil  Procedure  limit  him,  and
lie  must  keep  within  their  provisions.
