In Matter of Whelan (2 NYS 635, 15 NY Civ Pro R 273, 6 Dem 425 [Sur Ct, NY County 1888]), Surrogate Ransom assessed the costs in the probate contest against a will contestant he found did not file objections in good faith. In doing so, the court stated that the rules and procedures of Surrogate's Court practice in conjunction with the case law constitute all the information a litigant would need to have to know whether or not he has a basis for maintaining a claim. On this issue, the Surrogate wrote: "Good faith means not only an earnest, honest belief in the justice of one's claim, but also, in the respects now under consideration, I hold it to be the conscientious exercise of reasonable business judgment which should induce the party to avoid needless delay and expense, by taking advantage of his opportunity and the right given him by law, to attend on the return of the citation, and obtain leave to cross-examine the subscribing witnesses. On the affidavit of the contestant's attorney in this proceeding, one fact is very plain, to-wit: That he has no facts, absolutely none, on which to found a contest, and his only hope was evidently grounded upon some notion that delay and expense might in some way benefit him; or that the subscribing witnesses, either or both, might turn out to be forgetful or fraudulent persons." (15 NY Civ Pro Rep at 275.)