About twenty-three years ago Thomas Parke entered into bond with Catharine Philips to the then Governor for her faithful discharging her executorship to William Philips and making up with his estate etc. Action brought in the Governor, (at that time, to wit, about May, 1771) his name, by William Philips' heirs, for the balance of his estate. Defendants' attorney demurred to the plea, setting forth that the action could not be prosecuted, because brought in name of Honorable John Penn, then Governor, who is since removed and succeeded by the Honorable Richard Penn, the now Governor "for the time being," vide Acts [of] Assembly, following. Upon solemn argument, determined by the Court unanimously that the demurrer be set aside, and that the action go on; because this is agreeable to the practice hitherto observed in this government, and because the allowing of such demurrer would endanger all the estates in the government, which depend on administration bonds for their security, as the removal of a governor, pending the action would abate the suit, and as the Act of Limitations for these suits would often intervene to the injuring of justice, this bond having been taken in the usual manner.