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The Maryland Code Public General Laws, 1904
Volume 393, Page 1651   View pdf image (33K)
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ART. 75] FORMS OF PLEADINGS—EXECUTORS, ETC. 1651
Commencements of Declarations Against Eaxcutors and

94. 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).

Conclusions of Declarations Against Executors and
Administrators.

95. "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 detention ;" (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 deten-
tion ;" (or in cases where they have been delivered) "the plain-
tiff claims said goods and $—— for their detention.

Stirling v. Garritee, 18 Md. 468.

Statement of Causes of Action Against Executors and
Administrators.

96. Causes of action may be stated against executors and
administrators 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.

Stoner v. Devilbiss, 70 Md. 144.

Commencement of Pleas by Executors and Administrators.

97. 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).

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

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


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 1651   View pdf image (33K)
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