ART. 75.] PLEADINGS, PRACTICE A£D PROCESS. 523

101st. That before this suit, and after the lapse of one year
from the date of his letters testamentary (or of administration,)
the defendant paid away in discharge of just claims a large
amount of assets of P. S., deceased; and that more than six
months before said payments, he gave notice to the creditors of
P. S., to bring in their claims. And at the time of said pay-
ments, he had no notice or knowledge of the alleged claim. And
there are other just debts still due from P. S., of which the de-
fendant had no notice or knowledge at the time of the said pay-
ments; and he has not, and never has had, assets sufficient to pay
but a proportion of the alleged claim, regard being had to the
debts still due from P. S.

102d. Other pleas may be in similar form.

COMMENCEMENTS AND CONCLUSIONS OF DECLARATIONS BY EXE-
CUTORS AND ADMINISTRATORS AGAINST EXECUTORS AND ADMI-
NISTRATORS.

103d. ———— county, A. B., executor of the last will (or admi-
nistrator of the goods and chattels, &c.) of W. K., deceased, by
S. T., his attorney, (or in person,) sues T. K., executor of the last
will (or administrator of the goods and chattels, &c.) of W. K.,
deceased, for (here state cause of action.)

104th. And the plaintiff claims $——— (or if the action is
brought to recover specific goods,) the plaintiff claims a return,
of the said goods or their value, and $——— for their deten-
tion.

105th. Declarations by executors and administrators against
executors and administrators, may be in the same form as if the
parties sued in their own right, if proper words are used to show
the cause of action occurred between the persons they respect-
ively represent.

106th. It shall not be necessary in any case to make profert in
a declaration or plea, but the opposite party shall be entitled to
oyer in the same manner as if profert were made.

107th. Either party may use the common law forms, or the
forms hereinbefore given, at his election, and either party may
require a bill of particulars where the pleading is so general as