Hone v. De Peyster

Daniels, J.:

The plaintiff was beneficially interested to the extent of one-half the subject-matter in controversy between himself and the defendant in the action, the costs of which he has been directed to pay. There were no debts remaining unpaid against him as executor, and the sole object of the action was the recovery of the demands or property out of which, in case of a successful result, he would, under the will, have received one-half the amount.' For that reason, and also upon the charge that the action was- brought by him in his character as executor in bad faith, the application.…