case KINERSTON against FRESCOBALDY if one of two executor be a infant and both  appear by attorney the judgement be erroneous S c stram S c fitzg S c bar king  b it be assign for error that one of the defendant in the original action they  be executor be under age and appear by attorney when he shall have appear by  guardian modern report the question be whether one executor can appear by and  make attorney for himself and the other executor who be a infant Raymond chief  justice I be well satisfy that the question be only whether a infant executor  can appear by attorney the reason why they can make a attorney in some case be  because they put themselves into the hand of persons against who they have no  remedy as they have against guardian and this court be to take care that they  do nothing to their own prejudice as executor he can sue nor be sue alone can  another do that for he which he can do for himself it can be no prejudice to  he as executor to sue by attorney as Tremaines case be levinz say in that case  that if the defendant executor have appear by attorney it have be wrong and he  think that but a odd case and ought not to be carry any further style be a  case in point in this case he be as liable to suffer as if he have appear in  his own right he be prevent try the validity of his debt be may be great  prejudice and we be to take care that it can be so this be the first case that  have be attempt and I think it error Reynolds justice if a infant executor  appear as plaintiff or defendant by attorney it be error the personal  disability still adhere to the defendant though there be another executor in  all case of plead executor may sever and this error can appear but upon a writ  of error by this the infant may be oblige to pay this debt before one of a  high nature and be not have asset sufficient in case of plaintiff the infant  can come to no harm modern report er p probin justice where their interest be  the same the executor be consider as one person where different as different  how can a person appear by attorney who have no power to make one the  judgement be reverse