If there be a Co-executor. - If the Executor die before obtaining Sentence. - Every creditor may take decree, and the defence of exhaustion will be reserved contra executionem.
Somerville v. Earl of Lauderdale
Date: 16 February 1682 Case No. No 81.
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Found that an executor dying pendente processu for a debt, before sentence, could not assign the testament as to that part, not being executum.
Fol. Dic. v. 1. p. 277. Harcarse, (Executry.) No 477. p. 130.
