Hartman

Pending questions in the present Miller estate appeals (see Estate of Miller, ante p. 536 [ 66 Cal. *556 Rptr. 756 ]) involve the query why the costs awarded by this court in both of the preceding appeals (Estate of Miller, 212 Cal.App.2d 284 [ 27 Cal.Rptr. 909 ] and Estate of Miller, 230 Cal.App.2d 888 [ 41 Cal.Rptr. 410 ]) have not been realized by Miriam Miller Hartman, notwithstanding the direction in each of the opinions that she should recover her costs and that none of the items in either of her cost bills was attacked by the respondents, heirs or distributees therein.

In Estate of Miller, numbered herein 5 Civil 169 ( 212 Cal.App.2d 284 , 298), Burke E. Burford was executor of the will of Katherine G. Miller, deceased, and he and Sally Miller Field, John Austin Field, Charles Davison Field, Richard Clark Field, Marcia Miller Nelson, Peter Austin Nelson, and Katherine Nelson were respondents, heirs or distributees; the last two paragraphs of the opinion filed January 23, 1963, read as follows:

In the opinion on the second appeal, numbered herein 5 Civil No. 352 ( 230 Cal.App.2d 888 , 915), Miriam Miller Hartman was petitioner and appellant, and Charles Davison Field was…