In re the Estate of Shapiro

Harry G. Herman, S.

The proponent has applied at the foot of the probate decree for an order charging the objectant personally with the amount of costs to be allowed to proponent in this contested probate proceeding. The probate decree contained a provision permitting application to be made at the foot of the decree after the decree had become final.

In the early case of Matter of Castles (2 N. Y. S. 638) the test of discretion was stated to be dependent upon “ evidence of the *196good faith of the contestant, and a fair prospect of his success that will convince the mind of any intelligent lawyer…