An executor or administrator who litigates in good faith, shall be allowed costs out of the estate: but where, with sufficient funds in his hands, he suffers himself to be sued, having no *just defence, he r^oiro must pay the costs himself. On judgment by default, he would be L liable for the costs de bonis propriis at law; (Giles v. Pratt, 1 Hill, 244,) and in Equity, he can only be excused by showing a want of funds.