
    Mudgett, Guard., v. Melvin, Ap't.
    
    When a guardian, in the settlement of his account in the probate court* charges himself with a balance of $38, and the balance for which he is charged by that court is $275, and on his appeal the balance for which he is finally charged is $216.66, judgment may be rendered without costs to either party.
    Probate Appeal. In the settlement of the defendant’s account as guardian, in the probate court, he charged himself for a balance of $38. The probate court charged him for. a balance of $275, and he appealed. In this court he was charged for a balance of $216.66. No costs were allowed either party, and the appellant excepted.
    
      J. P. Bartlett, for the plaintiff.
    
      T. O. Knowlton, for the defendant.
   Allen, J.

The exception cannot be sustained. Griswold v. Chandler, 6 N. H. 61; Wendell v. French, 19 N. H. 205, 214; Mathes v. Bennett, 21 N. H. 188, 203; Kingman v. Kingman, 31 N. H. 182, 192; Clarke v. Clay, 31 N. H. 393, 404; Whitcher v. Benton, 50 N. H. 25; Olcott v. Thompson, 59 N. H. 154, 157; Nutter v. Varney, 64 N. H. 334. The question of justice presented by the appellant’s motion for costs, was a question of fact determinable at the trial term. The decision of that question required a consideration of evidence that is not stated in the case. It does not appear that wrong would have been done if the appellee had recovered a portion or the whole of his costs.

.Exception overruled.

Blodgett, J., did not sit: the others concurred.  