North Carolina § 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, or person authorized by statute a party.

In an action prosecuted or defended by an executor, administrator, trustee of an express trust, or a person expressly authorized by statute, costs shall be recovered as in an action by and against a person prosecuting or defending in his own right; but such costs shall be chargeable only upon or collected out of the estate, fund or party represented, unless the court directs the same to be paid by the plaintiff or defendant, personally, for mismanagement or bad faith in such action or defense. And when any claim against a deceased person is referred, the prevailing party shall be entitled to recover the fees of referees and witnesses, and other necessary disbursements, to be taxed according to law. History (Code, s. 535; Rev., s. 1277; C.S., s. 1254.) Cross References. - As to liability of personal representative for denial of claim, see G.S. 28A-13-10 , 28A-19-18. As to reference of disputed claim generally, see G.S. 28A-19-15 , 28A-19-16. As to when costs against representative are allowed, see G.S. 28A-19-18 .