
    Sorrel v. Procter.
    Spring- Vacation,
    1809.
    Executors and Administrators — Liability for Cost. — Xn what cases trustees, executors or administrators, shall pay costs out oí their own estates.
    The defendant was an administrator, and the report of the Commissioner was against him in favour of the legatees, and the question submitted to the Court was as to the costs.
    
      
      The principal case is cited in foot-note to Barr v. Barr, 2 Hen. & M 26,
    
   By the Chancellor.

Wherever a trustee is free from fault he should not pay costs, but where he is not, he should. In this case the defendant has been made personally liable for some of the debts, the loss of which grew out of his neglect, and he must pay costs, as was done in Barr against Barr, 2 H. & M. 26, for in fact, the suit is against him, and not against his intestate.  