Civil Procedure - costs - succession cases - normally payable out of
deceased's estate - application for taxation may not be made by
residuary legatee because not "party interested" within Solicitors' Act,
1843, s. 39: The title to a testator's estate passes to his executor subject 15
to his obligation to deal with it in accordance with the terms of the will;
a residuary legatee has no property in the estate, having a right only to
the payment of a debt due to him, and since he is not therefore a "party
interested" in the estate within the meaning of the Solicitors' Act, 1843,
s. 39, he may not apply for the taxation of a bill of costs which has been
or may be paid by the executor out of the estate.