
    Robert L. Taylor, plaintiff in error, vs. Andrew C. Morris, defendant in error.
    
      —Judgment reversed, and venire de novo by the Supreme Court; costs to abide the event.
    
    F. R. Sherman, for plaintiff in error;
    James J. Ring, for defendant in error.
   This was. an action of ejectment. The title of the premises claimed under a will, brought in question the matter in dispute; that is, whether one executor can execute discretionary (with the executors,) as well as peremptory powers of sale, contained in a will; there being three executors appointed, and Uvo of them neglecting to qualify. Held, that he could. (Reported, 1 Comstock, 341.)  