Williams v. Wilkins

3 Johns. Ch. 65, 1817 N.Y. LEXIS 184, 1817 N.Y. Misc. LEXIS 39

Opinion

The

said the cases had been reviewed in Rattray v. George, (16 Vesey, 232.) and there was found to be a great variety of contradictory decisions upon the subjects of pauper costs, and the result was that the court had a discretion in each case. Here was no very unreasonable delay in the executors, and the plaintiffs ought not to recover dives costs, but only the actual expenses .of the suit, to be paid by the executors out of the assets.

Order accordingly,