Baker v. Baker

*346OPINION of the Court, by

Ch. J. Boy±é.-

This action was brought upon a note given by James Baker to John Baker and William Cook, executors of Martin Baker, deceased. The defendant pleaded in abatement of the action, that he was appointed by the last will of Martin Baker, deceased, an executor with the plaintiffs, and that he, together with them, had qualified as an executor.

To this plea the plaintiffs demurred, and on the demurrer judgment was given that the defendant should answer over. He then filed a plea in bar, in substance alleging that Martin Baker, deceased, by his last will devised to…