Cruikshank v. Cruikshank

Bacon, Justice.

There are in the affidavits presented on this motion a good many conflicting statements, but in the view *351I take of the matter it will hardly be necessary to attempt to remodel them, were such a thing practicable. There are only two grounds upon which, in a suit against an executor or administrator, costs are recoverable, either personally or chargeable upon the estate. 1st. When the claim has' been presented and it has been unreasonably resisted or neglected. 2d. When there has been a refusal to refer,, the claim being disputed. (1 Denio, 276.) In this case the amount demanded…