Boynton v. Tarbell

This is a petition for instructions as to the meaning of certain clauses in a will. There were several more or less adversary parties, each represented by counsel. The case was decided on its merits in 266 Mass. 454. The rescript following that decision, after disposing of the issues raised, contained this clause: “Costs as between solicitor and client to be in the discretion of the judge of probate.” After that rescript a decree was entered by that judge. It contains no recital of a hearing on the question of such costs. It further orders that there be allowed from the estate “costs as…