Where suspicious circumstances are found to exist in a probate matter, the party opposing the will is justified in requiring the proponents to discharge the burden of proving knowledge and approval, and all parties' trial costs should be paid from the estate on an indemnity basis. However, where an appeal on the suspicious circumstances issue succeeds but the appeal is doomed to fail because the trial judge's findings on knowledge and approval are unassailable, the unsuccessful appellant's costs of the appeal will not be paid from the estate.
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