Stagg v. Green

The petition charges that the defendant made his promissory note to the order o£ one Linnenfelsor, deceased, who devised and bequeathed all his property to his wife Mary, and made her his sole executrix; that his will was duly probated, and his wife* as executrix, sold and indorsed said note to one Kifferer, who indorsed it to the plaintiff, who brings suit upon the note. Defendant demurs for the reason that plaintiff shows no title to the note, the said executrix not having qualified according to law, and having no right to dispose of it.

By the common law, the personal property of the…