The opinion
Ross, J., and McKinstry, J., concurring.
We concur in the judgment on the ground that the executors of the deceased Swift cannot sustain the action. Whether or not any other person or persons can do so, it is not necessary, we think, to decide. That the donation in question formed no part of the estate of the deceased cannot be doubted, and that the rights of the plaintiffs as executors are limited to the estate of their testate seems to us equally clear.