§ 6-31. Costs where executor, administrator, trustee of express trust, or person authorized by statute a party.
§6‑31. Costs where executor, administrator, trustee of express trust, orperson authorized by statute a party.
In an action prosecuted ordefended by an executor, administrator, trustee of an express trust, or aperson expressly authorized by statute, costs shall be recovered as in anaction by and against a person prosecuting or defending in his own right; butsuch costs shall be chargeable only upon or collected out of the estate, fundor party represented, unless the court directs the same to be paid by theplaintiff or defendant, personally, for mismanagement or bad faith in suchaction or defense. And when any claim against a deceased person is referred,the prevailing party shall be entitled to recover the fees of referees andwitnesses, and other necessary disbursements, to be taxed according to law. (Code,s. 535; Rev., s. 1277; C.S., s. 1254.)