In re the estate of Queen

Back.es, Vice-Ordinary.

The appeal in this case was dismissed, with costs, against the appellant. The respondent now moves for a counsel fee, and relies upon section 196 of the Orphans Court act (Comp. Stat. p. 3884), which reads:

“In all litigated suits in the orphans court the court shall adjudge and direct which party shall pay the costs and expenses of such litigation, and shall have the power to apportion and determine the costs and expenses to be paid by either party.”

and cites in support of his motion the case of Bioren v. Nesler, 76 N. J. Eq. (6 Buch.) 576, and Kayhart v. Whitehead, 77…