Olmstead v. Buss

Citations

• 120 Cal. 447
• 52 P. 804
• 1898 Cal. LEXIS 786

Syllabus

<p>Estates or Deceased Persons—-Will—Costs—Attorneys’ Fees.—Upon the successful contest of the probate of the will of a deceased person, although no executor or administrator was appointed, the court has discretionary authority under section 1720 of the Code of- Civil Procedure to order costs to be paid by any party to the proceedings, or out of the assets of the estate, as justice may require; but attorney’s fees are not in any proper sense a part of the costs, and the court has no authority under that section, or independently thereof, to make attorney’s fees, in such case, payable out of the assets of the estate.</p> <p>Id. —Costs.—The provisions of the Code of Civil Procedure in relation to costs in general have no application to probate proceedings, the costs in which are regulated by section 1720 of that code, which must prevail, as being a later special enactment, in relation to costs in such proceedings.</p> <p>Id.—Superior Court.—The superior court, acting in probate proceedings, obtains its authority to award costs from the statute, and not by virtue of its general probate jurisdiction.</p>