Section 18-2.Costs on Appeal from Commissioners
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
Full Text of Section 18-2
Amendment History
(P.B. 1978-1997, Sec. 409.)
Plain-English Summary
This rule allocates costs on appeals from a commissioners’ report allowing or disallowing a creditor’s claim against an estate. If an executor, administrator, or trustee appeals an allowed claim and the claim is disallowed on appeal, or if a creditor appeals a disallowance and recovers no more than the commissioners already allowed, judgment for costs goes against the creditor. If the creditor recovers as much as, or more than, the commissioners allowed — whether on the fiduciary’s appeal or the creditor’s own appeal — costs are taxed in the creditor’s favor against the estate. In any other case, costs are left to the discretion of the judicial authority.
Frequently Asked Questions
Who pays costs when a creditor's appeal fails to increase the award?
If a creditor appeals a disallowance and recovers no more than the commissioners already allowed, judgment for costs is rendered against the creditor.
What happens to costs if the creditor recovers more on appeal?
Costs are taxed in the creditor’s favor against the estate, whether the increased recovery came from the fiduciary’s appeal or the creditor’s own appeal.
Are costs always fixed by this rule?
No. In any case not covered by the specific outcomes described in the rule, costs are discretionary with the judicial authority.