In re the Estate of Jackson

Foley, S.

This is a contested probate proceeding. The decree denying probate to the propounded paper, is before me for settlement. A question has arisen as to the allowance of costs to the various parties interested. The proponent requests the surrogate to allow to him, pursuant to section 278 of the Surrogate’s Court Act (as amd. by Laws of 1925, chap. 581), his costs and his expenses for counsel fees, services of handwriting experts and other purposes incurred in his unsuccessful attempt to sustain the will. The proponent asks that the amount of these expenses be paid out of the estate left…