Estate of Alburn

1. The controlling statutes. Ch. 324 is part of Title XXIX of the statutes, entitled “Proceedings in County Courts,” and governing procedure in probate matters. 2

Sec. 324.11, Stats., provides that costs may be allowed to the prevailing party in all appealable contested matters in county court except in jury trials. They may be ordered paid out of the estate if justice so requires. The “attorney’s fee” portion of costs, under sec. 324.11, is not to exceed $25.

Sec. 324.12, Stats., provides that costs shall not be awarded to an unsuccessful contestant of a will unless he is a special guardian or…