
    Thomas Durant, Executor, &c., Appellant, versus Ebenezer Starr and Another.
    An executor named in a will cannot be used as a witness in the trial of the sanity of the testator, although he is a mere trustee, having no devise or legacy given him in the will.
    This was an appeal from a decree of the judge of probate for this county, disallowing an instrument offered by the appellant, purporting to be the last will and testament of Abigail Starr, deceased.
    [ * 528 ] * An issue was formed for the jury upon the sanity of
    the supposed testatrix, at the time of her making the said supposed last will; and after the examination of the subscribing witnesses, and other testimony in support of the will, the appellant offered the Rev. Mr. Grafton as a witness, who was nominated one of the executors of the will.
    The respondents objected to his admission. The appellant urged it, alleging that, as executor, he had no interest in supporting the will, being a mere trustee, and having no devise or legacy given him therein.
   But the Court

considered him an incompetent witness, and he was not admitted to testify, 
      
      
         1 Phill. Ev. 69, 70, 7th edit. — Roscoe, Ev. 2d edit. 85. — Sears vs. Dillingham & Al. 12 Mass. Rep. 358. — Nason vs. Thatcher & Al. 7 Mass. Rep. 398.
     