Sorrel v. Procter

4 Va. 431

Opinion

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.