Belvin's Ex'ors v. French

Citations

• 84 Va. 81
• 3 S.E. 891
• 1887 Va. LEXIS 11

Syllabus

<p>Practice at Common Law—Executors—Declaration—Demurrer—Case at bar.— Testator devised hotel in R. to defendants as his executors to keep same in repair, &c. As such they managed the hotel and kept and settled their accounts. Between the curbing and the entrance to hotel is a cellar hole, part of the premises, covered by an area-light. Said area-light gave way under plaintiff, who fell into the cellar beneath and sustained injury. To recover damages therefor, he sued defendants, describing them in his declaration as executors, &c., and alleged that they being possessed of said premises, did negligently permit said cellar hole to he and continue defectively covered, by reason whereof plaintiff was injured as aforesaid. Defendants demurred:</p> <p>Held:</p> <p>1. Though sued as executors, yet this is merely a descriptio personae and surplusage, as no cause of action is set forth for which, under any circumstances, they could be held responsible as executors.</p> <p>2. Though charged as executors, the judgment should be de bonis propriis.</p>