Cleveland v. Creed

The Union County Orphans' Court, after a vigorous contest, admitted to probate the last will and testament of Harriet W. Cleveland, deceased, and ordered the contestant, James W. Cleveland, to pay the costs and expenses of the proponent, including a counsel fee of $5,000. He appeals from so much of the decree as charges him with the expenses of the litigation.

It was the ancient rule, where probate was granted, that if the contestant presented other evidence than the testimony of the subscribing witnesses, he should bear the costs and fees of the proponent of the will, although this was a…