New York Surrogate's Court July 15, 1908 (In re the Probate of the Last Will & Testament of Davis)

Ketcham, S.

Where the committee of a lunatic is an unsuccessful contestant upon probate and there has been no special guardian appointed for the lunatic, costs cannot be awarded to the committee. In this case the claim of costs is deserving and would be approved if it were within the power of the court to allow it.