44 Misc. 74
Decided June 15, 1904
New York Supreme Court · decided 1904-06-15
<p>Costs — Persons, who sue in a representative capacity only and whose lack of capacity is adjudged in the suit, will be charged with costs personally.</p> <p>Where persons sue in a representative capacity, as administratrix and administrator with the will annexed of a testatrix, and their capacity is denied and it is adjudged in the action that their appointment was void and consequently that they are without the representative capacity which they allege, they must be charged with costs personally.</p>
Decided 1904-06-15
¶1This is certainly a case wherein costs should be awarded. The very questions sought to be raised by plaintiffs had already been determined adversely with the interests they claim to represent in another State. If costs are awarded, it must be against the plaintiffs personally, for it is found by the decree that they were never administrators. The decision and decree have been settled accordingly.
¶2Ordered accordingly.