
    In the Matter of Proving the Last Will of Rose Ann Curry, Deceased.
    
      (Supreme Court, General Term, First Department,
    
    
      Filed June 29, 1892.)
    
    EXBCUTOBS AMD ADMINISTEATOBS—COSTS.
    Where an executor refuses to pay the costs of prohate directed to be paid out of the estate, he may properly be charged personally with the costs of a motion to compel such payment.
    Appeal from an order of the surrogate.
    
      Arthur J. Delaney, for app’lt; Robert W. Gilbert, for resp’t.
   Per Curiam.

—The decree admitting the will to probate in this proceeding directed the executor to pay a certain sum for costs out of the estate. The executor having refused to pay said costs, a motion was made to compel him to pay the same and ten dollars costs of motion; which costs of motion were to be charged against him personally; and this motion was granted by the surrogate, directing the executor to pay these costs out of the estate, and the ten dollars personally.

There was no direction made by the surrogate that any part of the original costs mentioned in the decree should be paid by the executor personally, the ten dollars costs being all that were charged against him personally, as is plain by a reading of the order. The order, therefore, should be affirmed, with ten dollars costs and disbursements.

Van Brunt, P. J., O’Brien and Patterson, JJ., concur.  