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CXXXVIII. 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 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 knowl-
edge of the alleged claim. And 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 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.
COMMENCEMENTS AND CONCLUSIONS OF
DECLARATIONS BY EXECUTORS AND
ADMINISTRATORS AGAINST EXECUTORS
AND ADMINISTRATORS.
CXXXIX. ———— county, A. B., executor of the
last will (or administrator of the goods and chattels
&c.) of W. H., 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.)
CXL. And the plaintiff claims $ —— (or if the
action is brought to recover specific goods,) the plain-
tiff churns a return of the said goods or their value,
and $ ———— for their detention.
STATEMENT OF CAUSES OF ACTION ON
CONTRACT BY EXECUTORS AND ADMIN-
ISTRATORS AGAINST EXECUTORS AND
ADMINISTRATORS.
CXLI. Money payable by the defendant to the
plaintiff for (these words, money payable &c., should
precede the money counts, but need only be inserted
in the first,) goods bargained and sold by W. H. in
his life-time to W. K. in his life-time.
CXLII. Work done and materials provided by
W. H. in his life-time, for W. K. in his life-time.
CXLIII. That W. K. in his life-time, on the
day of ———— by his promisory note now over-due,
promised to pay to W. H. in his life-time $ —— ,
sixty days alter date, but did not pay the same; nor
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