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Regularly an executor against whom decree is obtained, is not to be found liable in expense, because he cannot safely pay without a decree for his warrant; but where the debt was due by a bond containing a penalty, as the penalty is no less the defunct's debt than the principal sum, the creditor was found entitled to the penalty to the extent of his expense, which would be allowed to the executor at accounting for the executry.
Fol. Dic. v. 1. p. 191. Kilkerran, (Executor) No 6, p. 173.
