Provins v. Provins

Carr, P. J.,

Plaintiff, Marie R. Provins, who is one of two executors of the will of James A. Provins, deceased, has brought an action of assumpsit against her coexecutor and herself in their representative capacity, to recover a personal claim for services rendered by her to decedent during his last illness. A statutory demurrer filed by her coexecutor questions her right to maintain the action in the dual capacity of plaintiff and defendant.

It seems clear that if plaintiff wishes to prosecute an action at law in the court of common pleas on a claim of her own against the estate of her…