New York Supreme Court March 15, 1856 (Parkhill v. Hillman)

Balcom, Justice.

It is provided by statute, that no costs can be recovered in actions against executors or administrators, unless it appear that the demand on which the action was * founded was presented within a specified time, and that its payment was unreasonably resisted or neglected, or that the *354defendant refused to refer the same; in which cases the court may direct such costs to be