
    FREER, FOR CLARK, v. LOVE’S ADMINISTRATOR.
    Costs — administrator’s time to settle — administration de bonis.
    In suits against an administrator within eighteen months after administration, or the tim<? allowed for settlement of the estate, no costs shall be recovered.
    This rule applies to an administrator de bonis non as well as to an original giant of administration.
    Error to the Court of Common Pleas. The suit in the court below was brought against an administrator, on the 15th March, 1828. The plaintiff recovered judgment, and the question was whether he could recover costs. It appeared that in June, 1824, the will of Love was proven, and Geddes qualified as executor under it. In April, 1826, the court gave the executor time to settle the estate, until November, 1826. Before that time the executor died, and at November term, 1827, Freer was appointed administrator, and qualified. The Court of Common Pleas refused judgment for costs.
   By the Court.

The simple question in this- case is, whether under the facts disclosed, the plaintiff was entitled to recover costs. It appears the suit was brought within a year after administration was granted. But it is urged, that as the suit was brought after the expiration of the time allowed to the executor, costs should be allowed. The law provides that no costs shall be recovered in suits against administrators, commenced within a year from the date of the letters on administration, or within the time allowed by the court to settle the estate, unless after a year the account shall have been presented and payment refused. 22 O. L. 129. This suit was brought within a year, and is expressly within the prohibitary statute.

The judgment is affirmed with costs.  