§ 43-2-706 — Payment of Costs

If such issue is decided against the executor or administrator, the report must be dismissed, and execution for the costs may issue against him or her and his or her sureties; but if it is decided in his or her favor, the costs must be paid by the contesting creditor, or parties interested in the estate, or out of the estate, as the court may direct.

Legislative History

(Code 1852, §§1835, 1836; Code 1867, §§2184, 2185; Code 1876, §§2556, 2557; Code 1886, §2229; Code 1896, §297; Code 1907, §2762; Code 1923, §6001; Code 1940, T. 61, §388.)