
    Gould vers. Stevens.
    1762.
    An Executor of his own Wrong is not liable to an Attachment of his Body or proper Goods on a Debt of the Testator.
    
      Mr. Thacker.
    
    The Province Law 2 Ann. c. 5, () directs the Manner of Suits against Executors and Administrators. Executor of his own Wrong takes the Duty and the Burden, he is by Wrong in the same Manner as if by Right, and is answerable no further than as Effects come to his Hands. The Common Law is the same with the Province Law.
    
      Mr. Sewall, contra.
    
    An Executor in his own Wrong cannot maintain an Action certain. He is not favoured as Executor by Right. 4 Wm. & Mary, c. 2. 1 Salk. 297. 2 Ventris, 179. The Law knows Nothing of them but to restrain and punish them.
    
      
      (1) Anc. Chart. 377. St. 1783, c. 32, § 9. Rev. Sts. c. 110, § 1 Gen. Sts. c. 128, § 5.
    
   THIS Action was an Attachment against Stevens as Executor of Somebody, a Debtor of the Plaintiff’s. Plea in Abatement was made, that by the Law as Executor he should have been summoned, and not his Body or proper Goods attached. The Replication to this was, that though he was named Executor in the Writ, he was not appointed by Testator, but was Executor of his own Wrong.

Judgment that the Writ abate.  