Costs on Appeal from Commis-

sioners If an executor, administrator or trustee upon an estate shall appeal from the report of the commis- sioners in allowing a claim to a creditor and such claim is disallowed upon the appeal, or if a credi- tor shall appeal from the disallowance of claim in whole or in part and shall recover no more than was allowed by the commissioners, judgment for costs shall be rendered against the creditor. If upon an appeal by an executor, administrator or trustee the creditor shall recover as large a sum as, or a larger sum than, was allowed to the credi- tor by the commissioners, or if upon the creditor’s own appeal from the disallowance of claim in whole or in part, a creditor shall recover a greater sum than was allowed by the commissioners, costs will be taxed in the creditor’s favor against the estate. In any other case, costs shall be discre- tionary with the judicial authority. (P.B. 1978-1997, Sec. 409.)