In re the Last Will & Testament of Sebring

Backes, Vice-Ordinary.

This is an appeal from so much of the decree of the orphans court of Hunterdon county admitting to probate the last will and testament of Thomas D. Sebring, deceased, as allow costs and counsel fees to the caveatrix.

Chancellor Green, in Perrine v. Applegate (1862), 14 N. J. Eq. 531, quoted authorities showing the then general rule to be that where the will is admitted to probate, costs are not to be paid out of the estate of the testator to the party contesting the grant of probate, and also that where probate is refused to one other than an executor, the unsuccessful…