
    Chaw v. Hoe.
    February Term, 1810.
    Executors and Administrators — Revival of Action.— The rule which gives executors or administrators a term after process of revival returned, is for their benefit; they may therefore, waive it, and try the cause.
    In this case, on the death of the plaintiff, a sci. fa. had been issued in the name of his executors, which was returned executed, to this term; and now, Mr. Stanard, as their counsel, moved to try the cause.
    
      
      See monographic note on “Executors and Administrators” appended to Rosser v. Depriest, 6 Gratt. 6.
    
   By the Chancellor.

The rule of Court, which gives to executors or administrators a term after process of revival returned executed, was for their benefit; but they may waive it if they please, and try the cause; and so it was ruled accordingly.  