¶1The demurrer is certainly good, as the right survived to the wife; and the plaintiff must pay costs. But the order awarding process to revive may be set aside, which will leave the suit abated, as the plaintiff prefers this course, and as it can make no difference with the defendant.
4 Va. 946
Vaughan v. Wilson
Decided September 15, 1809
New York Court of Chancery · decided 1809-09-15
The bill in this case was filed to recover some personal property in right of the wife, which she derived from her son, who died intestate, in April, 1787; her husband, the plaintiff, died, and then she died, and the suit was revived *upon the abatement thereof, in the name of his administrator. To this bill there was a demurrer.
Decided 1809-09-15