Trin. 3. Car.
SIR Francis Evers, made his wife and his son executors, and divided all his goods, and for a breach of trust (misapplication) the son being the Queen’s attorney, sued the wife in the Marches of Wales, and a prohibition was prayed, because it was not in their instructions to sue therefor legacies.
But Hyde, C. J. and Doderidge, e contra.
Because for this breach of trust, there is no other remedy at law.
Jones, J.
concurred.
Secondly, it was further objected against the prohibition, that the plaintiff is the Queen’s attorney there, and is bound to his *attendance, and therefore shall have his privilege.
Per Curiam. He shall not have his privilege in this case, for he sues as executor.
Jones, J. He shall not have his privilege omnino. Godb. 431.