Preuss v. Berg

Citations

• 102 Wash. 497

Syllabus

<p>Appeal—Record—Exhibits. Where a statement of facts is struck out, the court cannot consider exhibits which are made a part of the statement.</p> <p>Wills—Contests—Abused Discretion—Statutes. Under Laws 1917, p. 648, § 19, substituting a discretionary power to award costs in will contests for the arbitrary rule of Rem. Code, § 1313, requiring costs to be awarded against an unsuccessful contestant, it is an abuse of discretion to award costs against a contestant who made out a prima facie showing of probable cause for contesting a will, it being made to appear that the testator had executed a prior will in favor of contestant and had probably been unduly influenced to execute a later will.</p>