Any legally interested person instituting a suit or proceeding shall, in case of failure to prosecute the suit successfully, be entitled to no costs, and shall be personally liable to the adverse party for costs, and in no event shall those legally interested persons instituting a suit or proceeding or intervening to prosecute or defend a pending action be entitled to more than the reasonable expenses incurred by him or her in the proceedings or defense, to be allowed out of the estate of the deceased person or person under guardianship, by the court having probate jurisdiction of the estate, to be paid by the administrator, executor, or guardian; and shall not be entitled to any reimbursement for the expenses, unless the proceedings or defense, by intervention or otherwise, shall be found by the court of probate to have been necessary for the protection of the estate. In any case where additional parties intervene in the prosecution or defense of an existing suit or proceeding, the allowance made for all expenses shall not exceed such reasonable amount as the court of probate finds should have been incurred for the proper prosecution or defense of the action or proceeding.
History of Section.
G.L., ch. 312, § 54, as enacted by P.L. 1911, ch. 707, § 1; G.L. 1923, ch. 363, § 54; G.L. 1938, ch. 575, § 52; G.L. 1956, § 33-18-19.