Opinion
(1793.)
Trover as executor, and the plaintiff declared of a trover and conversion, after his testator's death, and after issue was nonsuited. The defendant prayed and obtained costs.
CURIA. The naming himself executor is only surplusage. 24 E., 3, 13; 21 H., 6, 1; 2 H., 7, 15. Taylor's case in C. B. adjudged accordingly. Antea, p. 786.