Capehart v. Hale

PIOFEMAN, Judge.

■In a bill in equity preferred by an executor, as such, he ought-to describe himself as the executor of his testator. He should do this, in order that the defendant may ‘ be informed as to the particular character in which he professes to act, and may conveniently ascertain and approve or controvert the reality of the character, and the consequences resulting from it; and that the court and clerk may conveniently shape and enter the decree in conformity to the statement. It is not proper for an executor who sues, to describe himself merely as “personal representative” of a…