In re the Probate of the Will of Proben

John D. Bennett, S.

This is a motion by the unsuccessful contestants in a probate proceeding for an order directing that they be furnished with a copy of the stenographer’s minutes of the trial at the expense of the estate.

It is the general rule that “ costs, payable out of the estate or otherwise, shall not be awarded to an unsuccessful contestant of the will ” (Surrogate’s Ct. Act, § 278).

The provision in section 278 of the Surrogate’s Court Act that the contestant may be furnished a copy of the stenog*994rapher’s minutes of the trial, if satisfied that the contest is made in good faith, has…