RIOR COURTS. [See 1 Saund. 112,n. 1,2. The form is the same against an executor de son tort, IN THE SUPE1 Saund. 265. In debt, whether by or against an executor or administrator, omit the words owes to and," although the untechnical insertion of them is not ground of demurrer; Collett v. Collett, 3 Dowl. 211. In the Queen's Bench [or "Common Pleas," or "Exchequer of Pleas."] day of A. D.. On the to wit. A. B., executor of the last will and testament of E. F. deceased, by Y. Z. his attorney, [or " in his own proper person,"] complains of C. D., executor of the last will and testament of G. H. deceased, who has been summoned to answer the plaintiff. For that, &c. In the Queen's Bench [or "Common Pleas," or " Exchequer of Pleas."] to wit. A. B., executor of the last will and testament of E. F. deceased, which said E. F. in his lifetime and at the time of his death was executor of the last will and testament of G. H. deceased, by Y. Z. his attorney, [or " in his own proper person,"] complains of C. D., who has been summoned to answer the said A. B. For that, &c. In the Queen's Bench [or "Common Pleas," or " Exchequer of Pleas."] day of A. D. On the to wit. A. B., surviving executor of the last will and testament of one E. F. deceased, by Y. Z. his attorney, [or "in his own proper person,"] complains of C. D., who has been summoned to answer the plaintiff. For that whereas, &c. In the Queen's Bench [or "Common Pleas," or "Exchequer of Pleas."] On the day of A. D., to wit. A. B., by Y. Z. his attorney, [or "in his own proper person,"] complains of C. D., surviving executor of the last will and testament of G. H. deceased, who has been summoned to answer the plaintiff. For that whereas, &c. In the Queen's Bench [or "Common Pleas," or "Exchequer of Pleas."] to wit. A. B. and C. his wife (which said C. is executrix of the last will and testament of one G. H. deceased), by Y. Z. their attorney, [or“ in their own proper person,"] complain of E. F., who has been summoned to answer the plaintiffs. For that whereas, &c. To the damage of the said A. B. and C. his wife, as executrix as aforesaid, of £—; and thereupon they bring suit, &c. In the Queen's Bench [or "Common Pleas," or " Exchequer of Pleas."] On the day of A. D. ——. 31. Do. by an executor against an executor. 32. Do. by the executor of an executor. 33. Do. by a surviving executor. 34. Do. against a surviving executor. 35. Do. by husband and wife, the wife being executrix. 36. Do. against husband and wife, the wife to wit. A. B., by Y. Z. his attorney, [or " in his own proper person,"] being executrix. complains of C. D. and E. his wife, which said E. is executrix of the last will and testament of F. G. deceased, and who have been summoned to answer the plaintiff. For that whereas, &c. IN THE SUPE. To the plaintiff's damage, as such executor as aforesaid, of £; and RIOR COURTS. thereupon he brings suit, &c. And the plaintiff brings into Court here the letters testamentary of the said E. F. deceased, whereby it fully appears to the Court here that the plaintiff is executor of the said last will and testament of the said E. F. deceased, and hath the execution thereof, &c. 37. Conclusion and profert by an executor. (s) 38. Profert by the executor of an executor. 39. Profert by a surviving exe cutor. And the said plaintiff brings into Court here as well the letters testamentary of the said E. F. deceased, as the letters testamentary of the said G. H. deceased, whereby it fully appears to the said Court here that the said E. F. in his life time was executor of the last will and testament of the said G. H. deceased, and that the said A. B. is executor of the last will and testament of the said E. F., deceased, and hath the execution of the last wills and testaments of the said E. F. and G. H. respectively, &c. And the plaintiff brings here into Court the letters testamentary of the said E. F. deceased, whereby it fully appears to the said Court that the plaintiff and G. H., in the lifetime of the said G. H., were executors of the last will and testament of the said E. F., deceased; with this, that the plaintiff will verify that the said G. H. is deceased, and that he the plaintiff hath thereby become and is the surviving executor of the last will and testament of the said E. F., deceased, and hath the execution thereof, &c. 6th. BY AND AGAINST ADMINISTRATORS. 40. Commence. In the Queen's Bench [or "Common Pleas," or "Exchequer of Pleas."] ment of declara tion by an administrator. On the day of —A. D. to wit. A. B., administrator of all and singular the goods, chattels and credits which were of E. F., deceased, at the time of his death, who died intestate, by Y. Z. his attorney, [or "in his own proper person,"] complains of C. D., who has been summoned to answer the plaintiff. whereas, &c. For that 41. Do. against In the Queen's Bench [or "Common Pleas," or "Exchequer of Pleas."] an adminis trator. 42. Do. by an administrator against an administrator. (t) On the day of A. D. to wit. A. B., by Y. Z. his attorney, [or " in his own proper person,"] complains of C. D., administrator of all and singular the goods, chattels and credits which were of E. F., deceased, at the time of his death, who died intestate, and who has been summoned to answer the plaintiff. For that whereas, &c. In the Queen's Bench [or "Common Pleas," or " Exchequer of Pleas."] On the day of A. D.-. to wit. A. B. administrator of all and singular the goods and chattels, rights and credits which were of one E. F., deceased, at the time of his death, who died intestate, by Y. Z. his attorney, [or " in his own proper person,"] complains of C. D., administrator of all and singular the goods, chattels and credits which were of G. H., deceased, at the time of his death, who (s) This profert is not necessary until declaration; and the omission of profert is only ground of special demurrer. (1) See a precedent Plead. Assist. 369, &c. died intestate, and who has been summoned to answer the plaintiff. For IN THE SUPEthat, &c. In the Queen's Bench [or "Common Pleas," or " Exchequer of Pleas."] On the day of -A. D., to wit. A. B., surviving administrator of all and singular the goods, chattels and credits which were of one E. F., deceased, at the time of his death, who died intestate, by Y. Z. his attorney, [or "in his own proper person,"] complains of C. D., who has been summoned to answer the plaintiff. For that whereas, &c. In the Queen's Bench [or "Common Pleas," or "Exchequer of Pleas."] For that RIOR COURTS. 43. Do. by a surviving administrator. 44. Do, against a surviving alministrator. 45. Do. by husband and wife, the wife being In the Queen's Bench [or "Common Pleas," or "Exchequer of Pleas."] On the day of A. D. — to wit. A. B. and C. his wife (which said C. is administratrix of administratrix. all and singular the goods, chattels, rights and credits, which were of D., deceased, at the time of his death, who died intestate), by Y. Z. their attorney, complain of E. F., who has been summoned to answer the plaintiffs. For that whereas, &c. On the . 46. Do. against husband and wife, the wife In the Queen's Bench [or "Common Pleas," or "Exchequer of Pleas."] day of A. D. to wit. A. B., by Y. Z., his attorney, [or "in his own proper person,"] being adminis complains of C. D. and E. his wife (which said E. is administratrix of all and tratrix. singular the goods, chattels and credits which were of one G. H., deceased, at the time of his death, who died intestate,) and which said C. D. and E. have been summoned to answer the plaintiff. For that whereas, &c. In the Queen's Bench [or "Common Pleas," or "Exchequer of Pleas."] day of A. D. On the to wit. A. B. administrator, with the last will and testament of G. C. deceased, annexed, of all and singular the goods and chattels, rights and credits which were of the said G. C., deceased, at the time of his death, left unadministered by W. B. and E. S. in their lifetime, now respectively deceased, and which said W. B. and E. S. in their lifetime were the executors of the last will and testament of the said G. C. deceased, by Y. Z. his attorney, [or "in his own proper person,"] complains of C. D., who has been summoned to answer the plaintiff. For that, &c. In the Queen's Bench [or "Common Fleas," or "Exchequer of Pleas."] 47. Do. by an administrator de bonis non, with the will annexed. 48. Do. against A. D. an administrator de bonis to wit. A. B. by Y. Z., his attorney, [or "in his own proper per- non, with the son,"] complains of C. D., administrator of all and singular the goods, chat- will annexed. IN THE SUPE- 49. Do. by an administrator durante minoritate. 50. Do. by an administrator limited until the original will, or a copy thereof, be brought into the Arch bishop's Court. 51. Conclusion tels and credits which were of one E. F., deceased, at the time of his death left unadministered by G. H. in his lifetime, now also deceased, and which said G. H. in his lifetime, and at the time of his death, was the executor of the last will and testament of the said E. F. deceased, with the will of the said E. F. annexed, and which said C. D. hath been summoned to answer the said plaintiff. For that whereas, &c. In the Queen's Bench [or "Common Pleas," or On the "Exchequer of Pleas."] day of A. D. ———. to wit. A. B., administrator of all and singular the goods, chattels and credits, which were of G. H. deceased, at the time of his death, during the minority of E. F., an infant under the age of twenty-one years, who is executor of the last will and testament of the said G. H. deceased, by Y. Z. his attorney, complains of C. D., who has been summoned to answer the plaintiff. For that &c.[profert as in the common form, post, 25, and then proceed as follows:] with this, that the plaintiff will verify that the said E. F. is still an infant within the age of twenty-one years, to wit, of the age of years.(u) In the Queen's Bench [or "Common Pleas," or " Exchequer of Pleas."] day of A. D. On the to wit. A. B., administrator of all and singular the goods, chattels and credits of E. F. deceased, limited until the original last will and testament of the said deceased, or an attested copy thereof, should be brought into and left in the registry of the Court of the Registry of the Archbishop of Canterbury, Primate of all England and Metropolitan, and letters of administration to the same annexed of all and singular the goods, chattels and credits of the deceased, should be applied for and granted by the same Court, but no further or otherwise, or in any other manner, by Y. Z. his attorney, [or " in his own proper person,"] complains of C. D., who has been summoned to answer the said plaintiff. For that whereas, &c. [as usual in other actions at the suit of an administrator, see forms, post.] Yet &c. [as post,] nor to the plaintiff after the death of the said E. F. (to which said plaintiff, after the death of the said E. F., to wit, on &c. administration of all and singular the goods, chattels and credits, which were of the said C. D. at the time of his death, limited until the original, &c. [as above] bywas granted.) To the damage of the said plaintiff as administrator as aforesaid, and thereupon he brings suit, &c., with this, that the original last will and testament of the said deceased, or any authentic or other copy thereof, hath not yet been brought into or left in the Registry of the Court of the Registry of the Archbishop of Canterbury, nor have letters of administration, with the will annexed, of all and singular the goods, chattels and credits of the said deceased, been applied for or granted by the same Court, and the said letters of administration so granted to the said plaintiff are now in full force and effect. To the end of all the counts in the declaration preceding the general breach, (u) Before the 38 Geo. 3, c. 87, s. 6, a person might have acted as an executor at seventeen years, Freke v. Thomas, 1 Salk. 39; but by that statute it is enacted that where an infant is sole executor, probate shall not be granted until he shall attain the full age of twenty-one years. A. D. an administra. tor. (x) and then as follows:]—And the plaintiff saith, that after the death of the said IN THE SupeE. F., to wit, on the day of [date of the grant], admi. RIOR COURTS. nistration of all and singular the goods, chattels and credits, which were of and profert by the said E. F. deceased, at the time of his death, who died intestate, by William [christian name of the existing archbishop], by Divine Providence Archbishop of Canterbury, Primate of all England and Metropolitan, (y) in due form of law was granted in this behalf: Yet the defendant hath disregarded his promises, and hath not paid any of the said monies or any part thereof: To the plaintiff's damage as administrator as aforesaid of £ and thereupon he brings suit, &c.: And the plaintiff brings here into Court the letters of administration of the said archbishop [or "bishop," as the case may be], which give sufficient evidence to the Court here of the grant of administration to the plaintiff as aforesaid, and the date whereof is the day and year aforesaid. To the end of the general breach stating nonpayment of monies, and con- 52. The like in cluding, "To the damage of the plaintiff as administrator as aforesaid of another form. £——, and thereupon he brings suit, &c." and then as follows:]-And the plaintiff brings here into Court the letters of administration of all and singular the goods, chattels and credits which were of the said G. H., deceased, at the time of his death, and which said letters of administration were, after the death of the said G. H., to wit, on the day of A. D., granted to the plaintiff by William, by Divine Providence Archbishop of Canterbury, Primate of all England and Metropolitan, in due form of law. And which said letters of administration give sufficient evidence to the Court here of the grant of administration to the said plaintiff as aforesaid, and the date whereof is the day and year last aforesaid. Same as above.] Was granted to the plaintiff by J. S. L. Clerk, Master 53. Statement of Arts, Commissary and Official Principal of the Right Reverend Father of grant by vicar-general of in God, John Bird, by Divine permission Lord Bishop of Chester, in and the Bishop of throughout the whole archdeaconry of Richmond, in the diocese of Chester, Chester. lawfully constituted (to whom the granting of administration in that behalf of right belonged) in this behalf. nistrator. And the plaintiff brings into Court here the letters of administration of 54. Profert by a the said archbishop [or "bishop"], which give sufficient evidence to the surviving admiCourt here of the grant of administration to the plaintiff and the said G. H. deceased, as aforesaid, the date whereof is a certain day and year therein mentioned, to wit, the day and year in that behalf above-mentioned: with this, that the plaintiff will verify that the said G. H. is deceased, and that he (r) See the older forms, Lil. Ent. 165, 166, 399; and as to administration by a diocese, Com. Rep. 17. Formerly in an action of assumpsit the statement of the grant of letters of administration was introduced as part of the general concluding breach, see 2 Chitty on Pleadings, 5th edit. 35 a; and Petersdorff's Prec. 32, 33, 34, and the forms ante. But it is now considered preferable to state them in an independent averment, as in this |