case hole ux executrix of a vers king in c b a executor shall pay cost where  he bring a action as executor which he may have bring in his own name barn lev  this case be deny to be law in Cas tempt hard can bring in c b Cas tempt Hardw  say law of cost Com dig term Rep in a action of trover the plaintiff declare  that the testator be possess of the good in question and be so possess make  his will and the plaintiff executrix and die after who death the good come to  the hand and possession of the defendant by his find they who convert they to  his own use not guilty be plead and the plaintiff be nonsuit and now it be  move by sergeant Pratt that the plaintiff ought not to pay cost for he do not  ground his action upon his own possession of the good and therefore though the  conversion be in his time comens yet the plaintiff never have a actual  possession of the good but only a possession in law and therefore ought not to  pay cost and this seem to be within the reason of the case of hunt and Balloe  Com dig a now late settle and resolve in this court where a action of trover  be bring by the plaintiff as executor of good of his testator which the  defendant have take and convert to his own use and it be there adjudge that  the plaintiff shall not pay cost and the reason seem to be for that the  executor never have the possession of the good but the court resolve here that  the plaintiff shall pay cost for his testator die possess and then the  property and possession be vest in his executor and the trover and conversion  by the defendant be in his time and therefore he may have have a action in his  own name without allege himself executor The rule in these case be that where  it be necessary for a plaintiff who be a executor to name himself executor and  bring the action in the right of his testator he be not liable to cost but  that where the cause of action arise in the time of the executor he be liable  to cost although he name himself executor because he may have bring the action  in his own right Cas tempt Hardw ld raym Mod salk SC Str ld raym SC burr Str  term Rep it be hold in the case of Atkins v expense can bring in c b that a  executor who bring a action for the conversion of the good of his testator  after the death of the testator be liable to cost because he may have bring  the action in his own right we find a similar decision and upon the same  principle in vent keb t and Cas tempt Hardw a contrary determination to the  above be to be find in the case of Cockerill v Kynaston in term Rep where  buller justice say that whether the conversion happen before or after the  testator death if the good when recover will be asset in the hand of the  executrix she must sue for they in her representative capacity and then she be  not liable to cost but in the case of hunt and Balloe though the trover and  conversion be allege in the time of the executor yet there it appear that the  testator do not die in possession of the good and therefore there be a  difference between the case comens er p comens de term sanct trin whether in c  b