The first proviso to rule 1 of Order LXV. extends to cover the costs of proceedings to obtain probate. Where the will is contested and the executor succeeds in establishing its validity, he is entitled to his costs of the litigation out of the estate as between solicitor and client, and can be deprived of that right only if he has been guilty of a violation or culpable neglect of duty which has caused the litigation or increased the costs of it. Until that has been established his costs are not in the discretion of the Court, and therefore an appeal lies without leave from an order depriving him of costs out of the estate.