Estate of Erickson

This was a contest after probate of the will of decedent. On appeal from a judgment setting aside and revoking the probate of the will, the judgment was reversed by this court, which in its decision made no order concerning costs. Following the general rule concerning costs on appeal (Rule XXIII of the Rules of this court), the clerk inserted in the remittitur a direction that appellant recover costs on appeal. Respondents now move for an order recalling the remittitur, and for issuance of a corrected remittitur omitting the words “appellant to recover costs on appeal”.

It has been held that…