This action was brought to construe a will. Some of the defendants procured an order ex parte that the plaintiff give security for costs. This is a motion to vacate that order. The plaintiff appears in the complaint both individually and as executor. The case, therefore, stands as though there were two plaintiffs,—one, the individual; the other, the executor. If security for costs can be obtained in such a case, under section 3268 of the Code, then the order was properly granted ex parte. If security, from a nonresident executor, however, can only be obtained under section 3271, then the order could only be granted by the court, and was improperly granted, inas
McDougal v. Gray
4 N.Y.S. 74
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