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ter, &'c.

that time due and owing, and then in arrear and unpaid, and upon V. Melating

to the charac. that accounting the said Das executor asaforesaid, was then and there found to be in arrear and indebted to the said A B in the further sum of -l. of like lawful money, and *being so found in

* 62 arrear and indebted, and the said last-mentioned sum of money being and remaining wholly unpaid, he the said C D, as executor aforesaid, in consideration thereof, afterwards, to wit, on, &c. last aforesaid, at, &c. aforesaid, undertook, and then and there faithfully promised the said A B to pay him the said sum of money last-mentioned whenever, afterwards, he the said C D, as executor as aforesaid, should be thereunto requested. Yet the said C D, executor as aforesaid, not regarding his said Breach. several promises and undertakings, so by him in manner and form aforesaid made, but contriving and fraudulently intending, craftily and subtly to deceive and defraud the said A B in this respect, hath not yet paid the said several sums of money in the said last three counts mentioned, or any or either of them, or any part thereof to the said A B, (although often requested so to do.) But the said C D, executor as aforesaid, to pay the same or any part thereof hath hitherto wholly refused, and still doth refuse. To the damage of the said A B of -. and therefore he brings his suit, &c.

Pledges, &c.

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cutor,

In an action against a surviving executor, describe him ac- 96. Against cordingly at the beginning, and conclude as follows : « Never- surviving exetheless the said E F, in his life-time, and the said C D and one G H, in his life-time, now deceased, and whom the said C D hath survived, (which said C D and G H, in the life-time of the said G H, were executors of the last will and testament of the said E F, deceased,) after the death of the said E F and the said C D, surviving executor as aforesaid, since the death of the said Ġ H, not regarding the said several promises and undertakings of the said E F, but contriving, &c. to deceive and defraud the said A B in this behalf, have not nor hath any or either of them as yet paid the said several šums of money, or any or either of them, or any part thereof, Vol. II.

[8]

V. Relating to the said A B. But the said E F in his life-time, and the to the charac. said C D and G H, as executors as aforesaid, after the death

of the said E F, and in the life-time of the said G H, wholly 63

refused, and the *said CD, surviving executor as aforesaid, hath ever since the death of the said G H hitherto wholly ro fused, and still refuses so to do. To the damage," &c.

ter, Bc.

97. Against A B complains of C D, and E his wife, (which said E is þaron and feme execu- executrix of the last will and testament of F G, deceased) trix before marriage.

being, &c. For that whereas the said F G, in his life-time, to wit, on, &c. at, &c. was indebted, &c. [as in the common case. against an executor.] Yet the said F G, in his life-time, and the said E, executrix as aforesaid, after the death of the said PG, and whilst she was sole and unmarried, and the said C D, and E his wife, (executrix as aforesaid,) since their intermarriage, not regarding the said several promises and underta kings of the said F G, but contriving, &c. have not, nor have, nor hath any or either of them as yet paid, &c. (although often requested so to do.) But to pay the same or any part thereof to the said A B, the said F G, in his life-time, and the said E, executrix as aforesaid, after the death of the said F G, and whilst she was sole and unmarried, respectively refused, and the said C D and E his wife, executrix as aforesaid, have ever since their intermarriage, hitherto wholly refused, and still refuse so to do. To the damage, &c.

98. Against

[As in the last precedent to the conclusion, which is as folbaron and feme execu- lows :] Yet the said F G, in his life-time, and the said C D, frix after marriage.

and Ę his wife, executrix as aforesaid, since the death of the said F G, not regarding the said several promises and undertakings of the said F G, but contriving, &c. have not, nor have, nor hath any, or either of them, as yet paid, &c. (although often requested so to do.) But to pay the same, or any part thereof, to the said A B, the said F G, in his life-time, wholly refused, and the said C D, and E his wife, (which said E is executrix as aforesaid,) have ever since the death of the said F G hitherto wholly refused, and still refuse so to do. To the damage, &c.

*FIFTHLY-ADMINISTRATORS:

7. Relating to the churace

ter, &c. (to wit.) A B, administrator of all and singular the 99. By an

ministrator. goods and chattels, rights and credits, which were of E F, de

(5) ceased, at the time of his death, who died intestate, complains of C D being, &c. For that whereas the said C D, on &c. at, &c. was indebted to the said E F, in his life-time, &c. and being so indebted, &c. (laying the promises to the said E F, in his life-time, and the breach will be as follows : ] Yet the said C D, Breach; not regarding &c. but contriving, &c. to deceive and defraud the said E F in his life-time, and the said A B, as administra. tor as aforesaid, after the death of the said E F, (to which said A B, after the death of the said E F, to wit, on, &c. at, &c. aforesaid, administration of all and singular the goods, chattels and credits, which were of the said E F, deceased, at the time of his death, who died intestate, by Charles, by Divine Provi dence, Archbishop of Canterbury, primate of all England, and metropolitan, in due form of law was granted,(h) in this behalf hath not as yet paid the said sums of money, or any part thereof, to the said E F, in his life-time, or to the said A B, administrator as aforesaid, since the death of the said E F, (although often requested so to do,) but he so to do hath hither to wholly refused, and still refuses to pay the same or any part thereof, to the said A B, administrator as aforesaid. [It may be advisable here to add counts on promises to the administrator as such and which will run precisely as in the precedent ante, 56. using the word administrator," instead of executor.] To the damage of the said A B, as administrator as aforesaid of . and therefore he brings his suit, &c. And the said A B brings Profert. into court here the letters of administration of the said Archbishop (or “ Bishop,') &c. *which give sufficient evidence to

* 65. the said court here, of the grant of administration to the said A B as aforesaid, the date whereof is the day and yeai in that behalf above mentioned, &c.

Pledges, &c.

If the plaintiff be an administrator with the will annexed or durante minore ætate of an executor or next of kin, he must be described accordingly as in the letters of administration, and in the latter case, at the end of the declaration, there

(3) As to this form, see ź Wils.

(h) The words “ cui pertinait" are not necessary, Lutw. 498.

380

1

V. Relating must be an averment that the executor or next of kin is ufle to the charuc ter, &c.

der

age.

100. By a survising admi. nistrator.

In an action at the suit of a surviving administrator" describe him accordingly throughout, and conclude as follows : Yet the said C D not regarding, &c. but contriving, &c. to deceive and defraud the said E F in his life-time, and the said A B and one G H in his life-time, now deceased, and whom the said A B hath survived, to which said A B and G H, in the life-time of the said G H, and after the death of the said E F, to wit, on, &c. at, &c. aforesaid administration, &c. (as in last precedent, ] after the death of the said E F and the said A B as surviving administrator as aforesaid, since the death of the said G H in this behalf hath not as yet paid them, or any or either of them, the said several sums of money, or any or either of them, or any part thereof, (although often requested so to do.) But he so to do hath hitherto wholly refused, and still refuses to pay the same, or any part thereof to the said A B, surviving administrator as aforesaid. To the damage of the said A B, as surviving administrator as aforesaid, of -l. and therefore he brings his suit, &c. [Add profert of letters of administration with averment, as in the case of a surviving executor, ante, 53, 59.]

101. By an

(to wit.) A B, administrator of all and singular the administrator de bonis non goods, chattels and credits, which were of E F deceased, at with will an- the time of his death, left unadministered by *G H, in his lifenexed. * 66

time, now deceased, and which said G H in his life-time, and at the time of his death, was executor of the last will and testament of the said E F deceased, with the will of the said E F deceased, annexed, complains of C D being, &c. For that whereas the said C D on, &c. at, &c. was indebted, &c. Yet the said C D not regarding, &c. but contriving, &c. to deceive and defraud the said E F in his lifc-time, and the said G H in his life-time, now deceased, and which said G H in his life-time, and at the iime of his death was executor of the last will and testament of the said E F deceased, and the said AB after the death of the said G H, (to which said A B after the respective deaths of the said E F and G H, 10 wit, on, &c. at, &c. aforesaid administration of all and singular the goods, chattels and credits which were of the said E F deceased, at the time of his death left unadministered by the said G H de

ter, &c.

ceased, executor as aforesaid, with the will of the said E F V. Relating annexed, by Charles, by Divine Providence, Archbishop of

to the charac Canterbury, primate of all Englund, and metropolitan in due form of law was granted,) in this behalf hath not as yet paid to them, or any or either of them, the said several sums of money, or any or either of them, or any part thereof, (although often requested so to do.) But he so to do hath hitherto wholly refused, and still refuses to pay the same, or any part thereof, to the said A B, administrator as aforesaid. To the damage of the said A B, as administrator as aforesaid, of and therefore he brings his suit, &c. [Add profert of letters of administration.]

-, (to wit.) A B, and C his wife, which said C is ad- 102. By baministratrix of all and singular the goods, chattels, rights and administra

ron and feme, credits, which were of D. deceased, at the time of his death, trix before

marriage. who died intestate, complains of E F being, &c. For that whereas the said E F on, &c. at, &c. was indebted, &c. (as in the common case at the suit of an administrator :] Yet the said E F, not regarding, &c. but contriving, &c. to deceive and defraud the said Drin his life-time, and the said C, after the death of the said:D, and *whilst she was sole and unmarried ; (to which said C whilst she was sole and unmarried, and after the death of the said D, to wit, on, &c. at, &c. administration, &c. as anté, 64. in due form of law was granted ;) and the said A B, and C his wife, which said C is administratrix as afore. said, since their intermarriage in this behalf, hath not as yet paid, &c.

* 67

As in the last precedent to the conclusion, which is as fol- 103. By baron lows : yet the said E F, not regarding, &c. but contriving, &c. ministratrix to deceive and defraud the said D, in his life-time, and the said after mar

riage. A B, and C his wife, after the death of the said D, (to which said Cafter the death of the said D, to wit, on, &c. at, &c. administration, &c. [as before] in due form of law was granted,) in this behalf hath not as yet paid, &c.

(to wit.) 1 B, complains of C D, administrator 104. Against

adminis of all and singular the goods and chattels, rights and credits,(i) trator.

an

(1) This description is sufficient, 2 Stra. 781.

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