In re the Probate of the Last Will & Testament of Waldron

Ketcham, S.

Before the propounded paper came to light a will of earlier date was admitted to probate. In this earlier will the husband of the testatrix was named as executor, and *443upon its probate letters were issued to him, which he still holds.

As such executor, he has contested the later will, without success. He now asks that he be awarded costs, necessary disbursements and expenses incurred by him in the attempt to sustain the will in which he was named.

It will be the finding, of the court that he propounded the earlier will in good faith and, if necessary, that he has waged the present…