
    Jeremiah K. Sullivan vs. Mortimer A. Sullivan, Ex’r.
    No. 4179.
    June 27, 1929.
   BAKER. J.

Heard on defendant’s plea in abatement.

The action is in assumpsit brought against an executor. The latter urges that the case is prematurely brought and cites to the Court the provisions of Section 8 of Chapter 865 of the General Laws of 1923.

The Court thinks that this contention is correct and the plea in abatement is sustained.  