Vermilya v. Beatty

By the Court, Edwards, J.

This suit is brought against the defendant as executrix of the last will and testament of Joseph M. White, deceased ; and she is so described in the declaration. The defendant sets up as a plea in bar, that she never was such executrix, and that she never administered *430any of the goods and chattels of the deceased, as his executrix. To this plea the plaintiff replies that at the time of the commencement of this suit the defendant was, and from thence hitherto has been, and still is executrix, and that she has administered divers goods and chattels of the deceased as…