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to the charac

ter, &c.

62

that time due and owing, and then in arrear and unpaid, and upon V. Relating that accounting the said C D as executor as aforesaid, was then and there found to be in arrear and indebted to the said A B in the further sum of. of like lawful money, and *being so found in 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 CD, as executor as aforesaid, should be thereunto requested. Yet the said CD, 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.

eutor.

In an action against a surviving executor, describe him ac- 96. Against a 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 GH, in his life-time, now deceased, and whom the said CD 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 EF and the said C D, surviving executor as aforesaid, since the death of the said G 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 sums of money, or any or either of them, or any part thereof, VOL. II. [8]

L

V. Relating to the said A B. But the said EF in his life-time, and the
to the charac said C D and G H, as executors as aforesaid, after the death
ter, &c.
of the said E F, and in the life-time of the said G H, wholly
refused, and the said C D, surviving executor as aforesaid,
hath ever since the death of the said G H hitherto wholly re
fused, and still refuses so to do. To the damage," &c.

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A B complains of C D, and E his wife, (which said E is executrix of the last will and testament of F G, deceased,) 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 FG, in his life-time, and the said E, executrix as aforesaid, after the death of the said FG, and whilst she was sole and unmarried, and the said CD, and E his wife, (executrix as aforesaid,) since their intermar riage, 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 CD 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.

[As in the last precedent to the conclusion, which is as follows:] Yet the said F G, in his life-time, and the said CD, and E his wife, executrix as aforesaid, since the death of the said FG, 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 AB, the said F G, in his life-time, wholly refused, and the said CD, 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.

V. Relating

to the churac ter, &c.

99. By an ad

ministrator.

(g)

(to wit.) A B, administrator of all and singular the goods and chattels, rights and credits, which were of E F, deceased, at the time of his death, who died intestate, complains of C D being, &c. For that whereas the said CD, 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 CD, 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 administrator as aforesaid, after the death of the said E F, (to which said AB, 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,)(4) 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 hitherto 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 the said court here, of the grant of administration to the said A B as aforesaid, the date whereof is the day and year 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

(g) As to this form, see & Wils. 380.

(h) The words "cui pertinuit” are not necessary, Lutw. 408,

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must be an averment that the executor or next of kin is un
der
age.

In an action at the suit of a surviving administrator describe him accordingly throughout, and conclude as follows: Yet the said CD not regarding, &c. but contriving, &c. to deceive and defraud the said E F in his life-time, and the said AB 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 AB, as surviving administrator as aforesaid, of -1. and therefore he brings his suit, &c. [Add profert of letters of administration with averment, as in the case of a surviving executor, ante, 58, 59.]

-, (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, left unadministered by *G H, in his lifetime, 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 EF deceased, annexed, complains of CD being, &c. For that whereas the said CD on, &c. at, &c. was indebted, &c. Yet the said CD not regarding, &c. but contriving, &c. to deceive and defraud the said E F in his life-time, and the said GH in his life-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, and the said A B 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, 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 left unadministered by the said G H de

to the charac

teased, executor as aforesaid, with the will of the said E F V. Relating annexed, by Charles, by Divine Providence, Archbishop of ter, &c. Canterbury, primate of all England, 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 —1. 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 administratrix of all and singular the goods, chattels, rights and credits, which were of D. deceased, at the time of his death, 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 Din 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 ante, 64. in due form of law was granted;) and the said A B, and C his wife, which said C is administratrix as aforesaid, since their intermarriage in this behalf, hath not as yet paid, &c.

As in the last precedent to the conclusion, which is as follows: yet the said E F, not regarding, &c. but contriving, &c. to deceive and defraud the said D, in his life-time, and the said A B, and C his wife, after the death of the said D, (to which said C after 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.

102. By baron and feme,. administra trix before

marriage.

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103. By baron ministratrix and feme, adafter marriage.

(to wit.) A B, complains of C D, administrator 104. Against of all and singular the goods and chattels, rights and credits,(i)

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

an adminis trator.

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