Call v. Ewing

Declaration in assumpsit by two executors. Plea in abatement, that but one had proved the will and taken out letters testamentary. General demurrer to the plea, on which the Court were divided. Motion to withdraw the demurrer and reply. Motion overruled, and judgment for the defendant.

We have first to consider the propriety of these two executors joining in this action. All the difficulty on this subject arises from our act of assembly requiring executors to give bond with surety when they obtain letters testamentary, and declaring the letters testamentary void if obtained without such bond.…