Patterson v. Collier

3. In an action of ejectment one of the plaintiff’s lessors ■died pending the suit, leaving surviving him a widow and one.child 'by a former marriage, and also leaving a will in which the widow and •others were appointed his executors. The will was probated, and the executors named qualified and became parties to the suit in lieu of their testator. Before the case came on for trial the widow died, she having previously received all of the estate of her husband to which she was entitled. After her death the suit proceeded in the name of the surviving executors.. The presiding judge had. been…