St. Louis Union Trust Co. v. Hoffstaedter

By the separate defense challenged on this motion defendant claims that the plaintiff St. Louis Union Trust Company, a Missouri banking corporation, suing as a foreign executor, has no capacity to sue.

Section 160 of the Decedent Estate Law (Laws of 1920, chap. 919) provides that “ an executor * * * duly appointed in any other state * * * may sue or be sued in any court in this state in his capacity of executor * * * in like manner and under like restrictions as a non-resident may sue or be sued.”

Defendant contends that because the statute uses the pronoun “ his,” it cannot refer to a…