Vanlear v. Haslet’s Ex'r, 1 Wright 469

WOOD, J.

The only question submitted to us, is whether assumpsit will lie for a legacy upon an implied promise by an executor, arising from the admission of assets. The case in 5 T. JR. 690, expressly decides that such recovery cannot be had. The case might be different, if there were proof of an express promise by the executor, and an admission of assets.

The plaintiff had leave to enter a non suit.