
    Gridley vers. Balston & al.
    The Estate of a Testator is not liable for the Negligence of Executors in carrying out and executing a Consignment made to the Testator in his Lifetime.
    BALSTON and others were Executors of Palmer of London, who was Agent for the Plaintiff in his Lifetime. A Ship was consigned to Palmer by the Plaintiff, but Palmer died before her Arrival or Knowledge of it. The Executors undertook the Business and transacted it, and are now sued as Executors to Mr. Palmer for Breach of Trust. ()
    The Question was, as Consignment was made in Mr. Palmer’s Life, and the Executors prosecuted it, whether they should answer as Executors, and Palmer’s Estate be liable in their Hands. 2 Bacon, 144. ()
    It was laid, if the Breach of Trust was in Mr. Palmer—being a Tort, it dies with him; if not, he can’t be chargeable.
    On the other Hand that it was but a Continuance of the same Affair, and they acted in his Stead. Viner, Tit. Executor, P. 4, Plea 39, 43. 1 Lill. 778, Let. H. Dyer, 324.
    
      1763.
    
      
      (1) The declaration alleged that the testator, being factor of the plaintiffs, procured insurance on the freight of the plaintiff’s galley from Jamaica to London; that when the arrived the testator died; and that the executors undertook to settle and manage the said trust, but managed it ill, and “perfunctorily acted with great negligence” in settling a leakage of sugars.
    
    
      
      (2) Bac. Ab. Executor, P. 2. “The taking up of an executorship doth not embark executor in the personal trusts of the deceased.”
    
   The Court

unanimous that these Authorities are not in Point, and the Action will not lie.  