John Marshall

“ It has been decided in this Court that latters testamentary give to the executor no authority to sue for the personal estate of the testator out of the jurisdiction of the power by which those letters are granted. But this decision has never been understood to extend to a suit for lands devised to an executor. In such case the executor sues as devisee. ”

“ His right is derived from the will, and the letters testamentary do not give the title. The executors are trustees for the purposes of the will. This will may be considered as requiring that the executors shall act to enable themselves to take under the devise to them; but when the condition is performed, those who have performed it, take under the will. That the executrix took upon herself that character after the separation of Kentucky from Virginia, is of no consequence. ”