ART. 75] DECLARATIONS AND PLEAS BY EXECUTORS. 1640

Pleas by Executors and Administrators.

99. That the defendant has fully administered the goods and chattels,
rights and credits of the said P. S., deceased, and had done so before
this suit.

100. That before the suit and after the lapse of six months from the
date of his letters testamentary (or of administration) the defendant
paid away in discharge of just claims all the assets of the said P. S.,
deceased, which had come to his hands, and that more than six months
before he so paid he gave notice to the creditors of P. S. to bring in
their claims, and that at the time of said payment he had no notice or
knowledge of the alleged claim and that since said payment no further
assets have come to his hand.

101. That before this suit, and after the lapse of six months 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 payments he had no notice or knowledge of the alleged
claim. And that there are other just debts still due from P. S., of
which the defendant had no notice or knowledge at the time of the said
payments; and he has not, and never has had, assets sufficient to pay
but a portion of the alleged claim, regard being had to the debts still
due from P. S.

102. Other pleas may be in similar form.

Commencements and Conclusions of Declarations by Executors and
Administrators against Executors and Administrators.

103. ———— county, A. B., executor of the last will (or adminis-
trator of the goods and chattels, etc.), of W. K., deceased, by S. T., his
attorney (or in person), sues T. K., executor of the last will (or admin-
istrator of the goods and chattels, etc.), of W. K., deceased, for (here
state cause of action).

104. "And the plaintiff claims therefor" $———— (or if the action
is detinue, brought to recover specific goods), "the plaintiff claims a
return of the said goods, or their value, and $———— for their deten-
tion ;" (or if the action is replevin), "the plaintiff claims the return of
the said goods" (when they have not been replevied and delivered),
"and $———— for their detention;" (or in cases where they have been
delivered), "the plaintiff claims said goods and $———— for their deten-
tion."

105. 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 that the cause of action
occurred between the persons they respectively represent.

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