and the subsequent proceedings.

of G. R. a de

fendant;

That he had

principally acted

as executor, and

that the defendants have since

proved his will, and possessed his personal estate.

Believe that the same is sufficient

that the said several defendants in the said supplemental bill named, afterwards appeared and put in their answers thereto, and that such proceedings have since been had in the said cause as in the said bill of revivor mentioned; but for their greater certainty nevertheless these defendants crave leave to refer to the said original and supplemental bills answers and other proceedings now remaining filed as of record in this honorable court; And these defendants further severally answering say they admit it to be true that before any further proceedings were had in the said cause, and at or about Admit the death the time in the said bill of revivor in that behalf stated, G. R. one of the defendants to the said original and supplemental bills, and one of the executors and trustees under the will of the testator T.W. in the said bill of revivor named, and who hath principally acted in the trusts thereof, departed this life having first duly made and published his last will and testament in writing of such date as in the said bill of revivor mentioned, and thereof appointed these defendants executors; And these defendants admit that since his death they have duly proved his said will in the proper Ecclesiastical Court, and undertaken the executorship thereof, and are thereby become his legal personal representatives, and that they possessed the said G. R.'s personal estate and effects so far as they have been conveniently able, and these defendants believe (although they do not admit the same) that such personal estate and effects are sufficient to answer whatever might be due from the said G. R. at the time of his death to the estate of the said testator T.W. if any thing were so due; but these defendants not knowing the amount thereof are advised that they cannot with safety or propriety admit assets of their said testator to be in their hands sufficient to answer the same, and these defendants say they are ready to account for the said G. R.'s personal estate possessed by them or for their use, in such manner as the court shall be pleased to direct, if the same should become necessary; And these defendants further severally answering say they submit that the said suit and proceedings which became abated on the death of the said G. R. stand and be revived against them as such executors as aforesaid, and be restored to the same plight and condition in which they were in at the time of the death of the said G. R.; Without that &c. [sec sect. IV. antea, p. 7.]

to answer what might be due to

the estate of

T. W. do not admit the same, but submit to account;

And submit that the suit and proceedings may stand revived.

may

35

XII. Answer of an executor of a deceased executor to a bill of revivor and supplement; the defendant admitting assets.

(For the form of title, refer to sect. I. p. 2.)

A. W. a defend

ant;

defendant alone

This defendant &c. [see form No. 1. antea, p. 3.] answering Admits the filing of the original saith he believes it to be true that at or about the time in the said bill, bill stated the several persons therein in that behalf named exhibited their original bill of complaint in this honorable court against such parties as defendants thereto as in the said bill are mentioned, thereby stating and praying to the effect in the said bill set forth so far as the same is therein set forth; and that such decree de- the decree and the subsequent cretal order bill of revivor and other proceedings were had therein proceedings; as in the said bill set forth; but for his greater certainty nevertheless this defendant craves leave to refer to the said original bill decree and other proceedings now remaining as of record in this honorable court; And this defendant further answering saith that A.W. in the The death of said bill named hath lately departed this life, and that the said A.W. duly made and published his last will and testament in writing, His will; and thereby appointed Dame A. B., R. T. and this defendant executrix and executors thereof, and that this defendant hath since the death of the said A.W. alone duly proved his said will in the And that the Prerogative Court of the Archbishop of C. and is thereby become proved the same, his legal personal representative, but this defendant doth not know but cannot state nor can he set forth as to his belief or otherwise who is the heir at law, nor wheat law of the said A.W.; And this defendant further saith he doth ther A. W. after not know nor can form any belief whether the said A. W. not after the making of the report in the said bill mentioned, any sum or sums of money arising from the real and personal estate of D.G. the elder the testator in the pleadings of this cause named, any such were which ought to have been accounted for by him; but this defendant possessed by A. W. and not saith he admits that he hath received assets of the said A.W. suffi- accounted for. cient to answer any such sum or sums of money if it shall appear that any such were received and not accounted for by the said A.W. in his life-time; And this defendant saith that he is a stranger to the several other matters and things in the said bill inquired after; But submits that the said suit and the proceedings had therein should And submits that the suit may be stand and be revived against him this defendant as such personal revived. representative as aforesaid; And this defendant denies &c. [see sect. IV. antea, p. 7.]

did or

who is the heir

the making of the report possessed any part receive of the estate of

D. G. but that he admits assets, if

Does not know whether the testator was or not indebted to the plaintiff J. C.,

nor whether he signed a promissory note,

nor whether he paid off part of

the amount se

the pro

missory note, with all arrears of interest,

nor what amount is due,

XIII. Answer of an infant heiress to a bill by simple-contract creditors against the executors and trustees under the will of her father, who had died greatly indebted, possessed of real and personal estate.

(For the title, see form No. 3. antea, p. 7.)

This defendant (25) answering saith she does not know and cannot set forth as to her belief or otherwise whether Z. R. the testator in the said bill named was or not in his life-time indebted to the said complainant J. C. in the sum of £315 or any other and what sum of money for monies lent and advanced paid laid out and expended to or for the use of the said Z. R., nor whether for securing the repayment thereof with lawful interest for the same he the said Z. R. did or not make and sign such promissory note of such date and in the words and figures or to the purport or effect as in the said bill stated and set forth, or to any other purport or effect, nor whether the said Z. R. did or not on the 28th day of April 1821 or at any other time pay off and discharge the sum of £100 or any other sum of money part of the said £315 secured by the said promissory note together with all or what arrears of interest, nor whether the sum of £315 or any other sum of money together with interest thereon from the 1st day of January last or from any other time doth or not now remain due and owing to the nor whether the said complainant J. C., nor whether the said Z. R. was or not at the time of his death indebted to the said complainant J. C. and T. R. the plaintiffs J.C. or either of them in the sum of £55 or any other sum of money for business done and transacted and monies paid laid out and expended for him or for his use in their business or profession of attornies and solicitors, nor whether the said Z. R. was or not also at the time of his death indebted to the said complainant J. R. in the sum of £35 for money lent and advanced or in any other sum of money, nor whether the said testator did or not make and sign such bills of exchange or promissory notes of such date respectively, and in the words and figures or to the purport and effect as in the said bill stated to bear date the 17th day of June 1824 and the 25th day of August 1824, or to any other purport and effect, nor whether the said testator was or not also at the time of his death indebted to the said complainant J. L. in the sum of £65 for money lent and advanced work and labour done and performed and goods sold and

testator was or

not indebted to

and T. R. as solicitors,

or to J. R. for money lent,

nor whether he did or not sign the bills of exchange stated in the bill,

nor whether he was or not indebted to the plaintiff J. L.

for money lent,

(25) See note (c), antea, p. 3, and note (i), p. 7. An infant's answer cannot be excepted to for insufficiency.

did or not sign

delivered or in any other sum of money, nor whether the said tes- nor whether he tator did or not make and sign such bill of exchange of such date such other bill and in the words and figures or to the purport and effect as in the of exchange as stated in the bill, said complainant's bill stated to bear date the 3d day of July 1824, but believes that or to any other purport and effect; but this defendant further he died indebted to various persaith she hath been informed and believes that the said testator was sons; indebted to various persons on specialty and simple contract at the time of his death; And this defendant further answering saith she

admits that the said Z. R. departed this life on the 16th day of admits his death; April last, seised and possessed of or otherwise well entitled unto

three other defendants proved the will;

S. R. and the

sion of the testator's estates;

very considerable real and personal estate, and that he made and published his last will and testament in writing of such date purport and his will; and effect as in the said bill mentioned and set forth, so far as the same is therein set forth; And this defendant further saith she leaving S. R. his admits that the said testator departed this life as aforesaid leaving defendant his widow and this his wife S. R. the mother of this defendant and also a defendant in heiress at law; the said bill named, and this defendant his only child and heiress at law; And this defendant further answering saith she hath been in- Believes that formed and believes that the said S. R. together with M. C. D., A.K. and R. D. three other defendants in the said bill named and also trustees and executors named in the said will did on duly prove the same in the Prerogative Court of the Archbishop of Canterbury, and take upon themselves the burthen of the execution thereof; And this defendant further saith she does not know and but cannot state whether they encannot set forth as to her belief or otherwise whether the said tered into possesZ. R., M. C. D., A.K. and R. D. or any or either of them have or hath or not also as such trustees and executors named therein entered into possession of the said testator's freehold copyhold and leasehold estates and receipt of the rents and profits thereof, nor or possessed his whether they or any or either of them have or hath or not also personal estate; sessed themselves himself or herself of all or any part of the said testator's personal estate monies securities for money goods chattels and effects or any of them, nor whether they or any or either of or paid his funethem have or hath or not thereout paid and discharged the said ral and testamentestator's funeral and testamentary expenses, but this defendant but believes that hath been informed and believes that all the debts due and owing all his debts are unpaid; by the said testator at the time of his death still remain unsatisfied; And this defendant further saith she does not know and cannot set cannot state as forth as to her belief or otherwise whether the said complainants tions having to any applicahave or not frequently by themselves and their agents made such been made; applications and requests to the said other defendants as in the said bill in that behalf stated and set forth, or any other or what applications; And this defendant further answering saith she doth does not admit the will being

pos

tary expenses;

that the testator was of sound mind ( 26 ), and puts the plain

thereof.

duly executed, or not admit that the said testator's will was duly executed and attested as by law is required to pass real estates by devise, or that the said testator was of sound and disposing mind memory and understandtiffs upon proof ing at the time of making and executing his said will, and humbly insists that the said complainants ought to be put to due proof Saith that she is thereof; And this defendant further saith that she is an infant under an infant, and the age of twenty-one years, (that is to say) of the age of three to the protection years and months or thereabouts, and humbly submits her rights and interests to the protection of this honorable court.

submits her rights

of the court.

Admits the will,

and the bequest

to the defendant;

also a codicil made by the testator;

his death;

and that the plaintiffs have proved the will and codicil;

XIV. Answer of a widow electing to take the bequests made to her by a will, and to release all interest in the devised estates.

(For the form of title, refer to sect. I. p. 1.)

This defendant &c. [see form No. 1. p. 3.] answereth and saith she believes it to be true that C. B. deceased the testator in the said bill of complaint named being possessed of a large personal estate did at or about the time in the said bill of complaint mentioned duly make and publish his last will and testament in writing of such purport and effect and containing such bequest to this defendant as in the said bill of complaint in that behalf set forth, and that the said testator appointed such persons as in the said bill of complaint named executors and executrix of his said will; And this defendant further answering saith she believes it to be true that the said testator afterwards and at or about the time in the said bill of complaint mentioned duly made and published a codicil to his said will in such words and to such purport and effect as in the said bill of complaint also set forth; but for her greater certainty nevertheless as to the said will and codicil and the respective dates purports and contents thereof this defendant craves leave to refer thereto when produced; And this defendant further answering saith she admits that the said testator departed this life at or about the time in the said bill of complaint in that behalf mentioned, without having in any manner altered or revoked his said will, save by the said codicil, and without having altered or revoked the said codicil; and that the said complainants have since duly proved the said will and codicil

(26) It would not be proper to make such admissions on the part of an infant, but even if admitted they could not be read against the infaut, 2 Madd. Ch. Pr. 333.