The court held the question under advisement until now, April, 1804. The resolution of the court was, that executors plaintiffs are not responsible for costs, in case of a verdict against them, where the suit is in right of the testator, even if they have assets of the testator in their hands unadministered ;■ and that such assets are not liable.
Executors of Murrel v. Howard
1 Brev. 3843 S.C.L. 384
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