
    * Rachel Newell and Others, Administrators, versus Joseph Marcy.
    If a feme sole, being one of several administrators, marry pending an action brought by them, the action is not thereby abated.
    This was an action brought to recover seisin and possession of certain lands which had been set off to the plaintiffs, in satisfaction of a judgment recovered by them in their capacity of administrators, and was entered in this Court at the last April term, upon an appeal from the Common Pleas. At that term the defendant filed a plea in abatement, alleging that since the judgment was rendered for the plaintiffs in the Common Pleas, and an appeal entered by the defendant, and before the then present term of this Court, the said Rachel intermarried with one Samuel Allen, who was then living; wherefore the defendant prayed judgment if the plaintiffs ought further to be answered, &c., and for his costs. To this plea the plaintiffs demurred generally, and the demurrer was joined by the defendant.
    
      Newton and Burnside, for the defendant.
    If a feme sole plaintiff marries pending her suit, the writ abates. So if she sues alone as administratrix . By the statute of 1783, c. 24, § 19, where a feme sole, who is executrix or administratrix jointly with one or more persons, shall marry, such marriage shall operate as an extinguish ment or determination of her power and authority. Several administrators are in law as one person. But for this marriage, the defendant, in case he recovered his costs, would have been entitled to his execution therefor against Rachel Newell, as well as her co-administrators. And such judgment would have been against them personally. She had no right then, by a voluntary act on her part, to lessen or defeat the defendant’s rights.
    The plaintiffs ought not to be in a better situation, than they would hp.ve been if they had brought the action in their own right which they might have done, and which indeed would have been more regular; since by virtue of the * statute [ * 342 ] of 1788, c. 51, $ 3, they were personally seised of the land by virtue of the levy of the execution.
    
      Lincoln, for the plaintiffs.
    
      
       14 Mass Rep, 295, Swan, Administratrix, vs. Wilkinson.
      
    
   By the Court.

—The plea is predicated upon the common law doctrine, that in an action by a feme sole her marriage abates the writ. But this is altered by our statute of 1783, c. 24, in relation to femes sole who are joint administrators or executors with other persons, by which it is provided that in such case, if the feme sole marries, her right to administer shall cease, and the other administrators or executors may proceed in the same manner as if she were naturally dead. Had Rachel Newell died, the action would have survived to the other- administrators; and by force of the statute the same consequence follows from her marriage.

Although the plaintiffs might have brought the action in their own personal right, yet as they chose to sue as administrators, and the action lay for them in that capacity, the remaining plaintiffs may proceed in it.

Plea adjudged bad  