¶1Wherever 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.
4 Va. 431
Sorrel v. Procter
Decided June 15, 1809
Virginia Chancery Court · decided 1809-06-15
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.
Decided 1809-06-15