Beales  v.  Canada  and  Fire  Marine  Ins.  Co.,

1  R.  &  G.,  401.
5.  Explanation  of  minutes  by  Judge  given

to  Court  on  argument —

Held,  that  the  Court  in  banco  could  receive
the  explanation  of  the  Judge  as  to  the  nature  of
the  question  to  which  a  statement  of  defendant
on  the  minutes  of  evidence  was  an  answer.
Royal  Canadian  Ins.  Co.  v.  Smith,
5  R.  &  G.,  322.
See  INSURANCE,  MARINE,  6.
6.  Judge  of  Probate— limit  of  power  as

to  costs— Testator's  will  was  attacked  by  the
trustees  of  the  Methotlist  Church,  Guysboro'  (to
whom  the  testator  had  left  the  bulk  of  his  estate
by  a  previous  will),  on  the  ground  that  undue
and  improper  influences  had  been  used.  The
Judge  of  Probate  decided  that  such  influences
had  not  been  made  out  with  sufficient  clearness
to  avoid  the  will,  and  directed  the  costs  of  all
parties  to  be  paid  out  of  the  estate.  The  decree
as  to  costs  having  been  appealed  from,  the
Court  held  that  the  Judge  of  Probate  had  no
power  to  decree  the  payment  of  costs  out  of  the
estate,  and  could  only  award  them  to  be  paid
by  the  party  against  whom  his  decision  was
made,  but  that  this  Court,  on  review,  could
direct  what  costs  should  be  allowed,  and  from
what  fund.  The  parties  were  accordingly  direc-
ted to  pay  their  own  costs  up  to  the  time  of  the
decree,  and  the  appeal  was  sustained,  with  costs
to  be  paid  by  the  trustees.
In  re  Hefffman  Estate,  3  R.  &  C,  486  ;

In  re  Estate  of  Simpson,  3  R.  8c,  C,  357.
