The opinion of the Court was by

It does not appear from the copies furnished us, that the appellee was a party in the contest between Williams and others, and George Reed ; and it appears from the argument of the counsel for the appellee, that he was not.

The statute relied upon, Rev. Stat. c. 105, $ 35, provides only for allowing costs to parties to the litigation. The decree of the Judge of probate, therefore, should be reversed.