(a) The court of probate having jurisdiction of the testate estate of any person shall allow to the executor his just and reasonable expenses in defending the will of such person in the probate court, whether or not the will is admitted to probate.
(b) If there is an appeal from the order or decree of such court, admitting or refusing to admit to probate the will of such person, the court of probate shall allow to the executor or administrator his just and reasonable expenses in supporting and maintaining or defending against such will, on such appeal.
(c) Such expenses shall be charged by such court pro rata against the respective rights or shares of the devisees and legatees under such will and the distributees of such estate.
(1949 Rev., S. 6973; P.A. 80-476, S. 250.)
History: P.A. 80-476 divided section into Subsecs. and made minor language changes made necessary by doing so; Sec. 45-185 transferred to Sec. 45a-294 in 1991.
Annotation to former section 45-185:
Right of appeal expressly recognized in section. 9 CS 223.
Annotation to present section:
No absurdity results from a court order, issued pursuant to section, granting reimbursement of expenses in defending will in admissions process to nominated executor, and Subsec. (a) expressly provides for reimbursement of expenses whether or not will is admitted to probate. 197 CA 240.