Cole v. Smalley
Supreme Court of New Jersey
Action by an executor. Plea in abatement for the non joinder of another executor. The plea avers that tlie tectatrix appointed the plaintiff and one I. Y. executors of lie. will; that the said I. Y., as executor, administered upon tin-estate, and that lie is still living. The plaintiff replies tlia\ the said I. Y. did not administer upon the estate. To thU replication the defendant demurs.
1Opinion of the Court
The Chief Justice.
To the plaintiff’s action, the defendant pleaded in abatement, that the testatrix constituted the plaintiff and one Israel Vail to be executors of her last will and testament, and that the said Israel Vail, after her death, as executor, administered divers goods and chattels which were of the said Aim Hill at the time of her death, and that the said Israel Vail is still living. The plaintiff replies, that the said Israel Yail did not, as the executor of the last will and testament ot the said Ann Hill, administer any goods and chattels which were of the said Ann Hill in her…
2Cases cited2 opinions
- Bodle v. HulseNew York Supreme Court · 1830
- Maguire v. SmockIndiana Superior Court · 1871