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Revised Code of the Public General Laws, 1879
Volume 388, Page 609   View pdf image (33K)
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ART. 64. ] PROCEEDINGS IN ACTIONS AT LAW.

609

92d. Work done and materials provided by O H, in his lifetime,
for the defendant, at his request.

Work done, etc

93d. And the form may be the same as between the original par-
ties, adding proper words to show that the transaction occurred with
the decedent.

Commencement of Declarations against Executors and Adminis-
trators.

Form of state-
ment.

94th. A. B., by his attorney (or in person, as the case may be),
sues C. D., executor of the last will (or administrator of the goods,
chattels, etc ), of P. S., deceased, for (here state the cause of action).

Conclusion of Declarations against Executors and Administrators.

Commencement
of declarations
against execu-
tors and admin-
istrators
34 Md 99.

95th. And the plaintiff claims $ ———— (or if the action3 be to re-
cover specific goods), the plaintiff claims a return of the said goods,
or their value, and $ ———— for their detention.

Statement of Causes of Action against Executors and Adminis-
trators.

Conclusion of
same

96th. Causes of action may be stated against executors and ad-
ministrators in the same manner as if they were the original parties
thereto, except that proper words must be used to show that the
claim was against the deceased in his lifetime.

Commencement of Pleas by Executors and Administrators.

How causes of
action may be
stated against
same.

97th. The defendant, executor of the last will (or administrator
of the goods and chattels) of P. S, deceased, by S T., his attorney
(or in person), says (here state the substance of the plea).

Pleas by same

98th. And for a second plea the defendant says (here stale the
second plea).

Pleas m Action by Executors and Administrators.

Second plea.

99th. 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.

Plens adminis-
travit.

100th. That before this suit, and after the lapse of one year from
the date of his letters testamentary (or of administration), the de-
fendant 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 such pay-
ment he had no notice or knowledge of the alleged claim, and that,
since said payment, no further assets have come to his hands.

Assets paid
away after
notice to credi-
tors without
notice of claim.

101st. That before this suit, and after the lapse of one year from
the date of his letters testamentary (or of administration), the de-
39

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Revised Code of the Public General Laws, 1879
Volume 388, Page 609   View pdf image (33K)
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