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An obligation is made by a debtor to his creditor, to pay to him, and his wife, a certain sum, or to the longest liver of them two, their heirs and executors.—The creditor deceases. The wife, who was the person substituted in the bond, being left executrix to her husband, confirms the said bond in testament, and registers the same at her own instance against the debtor, and charges him to make her payment. The defender suspends, alleging, The sum being moveable, came under testament, and so behoved to be the relict's, as executrix, and the charge could not be sustained at her instance, as person substitute. The Lords sustained the charge.
