On an action being brought to recover a large amount from the executors of a testator where the estate was insufficient to pay the whole claim if allowed, the executors brought an action against one of the beneficiaries under the will of the testator, interested in the same way as other beneficiaries, for administration of the estate under the direction of the Court. A judgment for administration under the direction of the Court was made by consent, reserving further consideration and costs, and afterwards the executors effected, subject to the sanction of the Court, a settlement of the claim for a comparatively small amount. An application was then made by the executors, no accounts having been taken, to sanction the compromise and to dismiss the action, allowing the executors to pay the costs of both parties thereto out of the estate. To this application the defendant consented.