Olmstead

We dissent. Until the estate should have a representative authorized to contest the amount of costs incurred in the contest the court had no power to order them paid out of the estate.

C. A. Buss filed a petition in the superior court in and for the county of San Diego for the probate o'f the alleged last will of Marcus L. Olmstead, deceased.

The appellants herein filed their opposition to the probate thereof, to which opposition the respondents herein filed their answer. A trial of the issue was had, and upon the evidence adduced the court found, in substance, among other things: 1. That the will was duly executed by said Marcus L. Olmstead; 2. That after the execution thereof said Marcus L. Olmstead did cancel and revoke the said will; 3. That the respondents, C. A. Buss, S. C. Buss, E. E. Buss, and Martha Buss, made application for the probate of the will in good faith, and the evidence adduced at the trial satisfies the court that they had reasonable grounds for their application and contention for the probate of' said' will.

' That they employed the firm of Parrish & Mossholder, attorneys at law, to represent them in their application for-the probate of said will, and agreed to pay them five hundred dollars for their services in said court.

*449 That the trial and argument of said cause took more than three weeks’ time; that said attorneys gave to said…