O'Mara v. Farmers & Merchants National Bank

THE COURT.

Following an appeal from a judgment by which the corpus of a testamentary trust was ordered to be distributed, this court by its decision in Estate of Wallace, filed May 31, 1938, 11 Cal. (2d) 338 [79 Pac. (2d) 1094], reversed the said judgment, without having made any order therein with respect to the costs incurred on said appeal, pursuant to the provisions of section 1232, Probate Code, which purports to vest in an appellate court on an appeal in probate matters, discretionary authority to order costs to be paid by any party to the proceedings or out of the assets of the estate…