In Re the Will of Winborne

The caveators insist that the check deposited by them comes within the phrase “or otherwise secure such costs” as used in the statute. This contention is not tenable. The phrase is but a part of a clause which gives it an entirely different meaning — “When a caveator shall have given bond . . . or . . . deposited money or given a mortgage in lieu of sncb bond, or shall have filed affidavits and satisfied the cleric of his inability to give such bond or otherwise secure such costs . . .” The statute is clear. The caveator must give a bond or deposit cash or give a mortgage in lieu of bond. If…