|
|
Forms.
|
said bill, but did not pay the same in his life time,
nor has the defendant paid the same since the death
of P. S.
CXXX. That P. S., in his life-time, on &c. (date)
by his bill of exchange directed to A. K., required
A. K. to pay to the plaintiff $ —— sixty days after
date; and the said bill was duly presented for ac-
ceptance, and was dishonored, of which P. S. had
due notice, but did not pay the same in his life-time,
nor has the defendant paid the same since the death
of P. S.
COMMENCEMENT OF PLEAS BY EXECU-
TORS AND ADMINISTRATORS.
CXXXI. 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.)
CXXXII. And for a second plea the defendant
says, (here state the second plea.)
PLEAS IN ACTIONS ON CONTRACT BY
EXECUTORS AND ADMINISTRATORS.
CXXXIII. That the said P. S. deceased was never
indebted in his life-time as alleged.
CXXXIV. That the said P. S. deceased did not
promise in his life time as alleged.
CXXXV. That the alleged cause of action did
not accrue at any time within ———— years before
this suit.
CXXXVI. That the defendant has fully adminis-
tered the goods and chatties, rights and credits of
the said P. S. deceased; and had done so before this
suit.
CXXXVII. That before this suit, and after the
lapse of one year from the date of his letters testa-
mentary (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 such payment, he
had no notice or knowledge of the alleged claim; and
that since said payment, no further assets have come
to his hands.
|
|
