Estate of McGinn

In section 1021, Code of Civil Procedure, the distinction is drawn between counsel fees and costs. ‘ ‘ The measure and mode of compensation of attorneys and counselors at law is left to the agreement, expressed or implied, of the parties; the parties to actions or proceedings are entitled to costs and disbursements, as hereinafter provided.” That clearly discriminates between what is meant by costs and what is meant by counsel fees.

Section 16, which defines words and phrases, reads: “Words and phrases are construed according to the context and the approved usage of the language; but technical words and phrases, and such others as have acquired a peculiar and ap *314 propriate meaning in law, or are defined in the succeeding sections, are to be construed according to such peculiar and appropriate meaning or definition.” It means that words and phrases are construed according to the text and the approved usage of the language.

Section 1332 reads: “Costs and expenses, by whom paid.” “The fees and expenses must be paid by the party contesting the validity or probate of the will, if the will in probate, is confirmed.” That is the first sentence; the second sentence reads: “If the…