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 anything were so due; but these defendants not knowing the amount thereof are advised that they can not 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. may stand and be revived against them as such executors as aforesaid, and be restored to the same plight and condition in which they were at the time of the death of the said G. R.

No. 540.

Answer of a Widow Electing to take the Bequests Made to Her by a Will, and to Release all Interest in the Devised Estates.

[Caption, commencement, and first paragraph.]

This defendant says that 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 says that 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 says that 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 his said codicil; and that the said plaintiffs have since duly proved the said will and codicil in the proper court, and taken upon themselves the executorship thereof.

And this defendant further says that she claims to be entitled to the benefits intended her by the said testator's will, and is ready, upon the same being secured to her according to the directions in the said will contained, to release to J. P., in the said will named, all her right and interest in and to the premises in the said will mentioned, and for that purpose to execute all necessary instruments or deeds.

No. 541.

Answer to a Bill Charging Infringement of a Patent. See under title "Patents" for form of answers setting up the various defenses to such bill.

No. 542.

Answer to Bill to Enjoin Transfer of Patents. [Caption.]

The defendant, B. E., answering plaintiff's bill filed herein, admits that plaintiff and defendants are citizens, as alleged; that plaintiff was a member of the partnership of J. W. & Son, and is now owner, by assignment, of all claims belonging to said plaintiff on March 1, -; that this defendant was in the employ of said partnership as a traveling salesman

to

prior to -, excepting a part of the months of June, July and August of —, for which time the said defendant received no pay for services rendered the plaintiff, excepting his actual expense, which was not according to the contract entered into when the defendant was employed by said partnership, and for the services rendered the plaintiff by this defendant during said enforced vacation, the plaintiff agreed on or about, verbally, that this defendant should receive full pay from and should have such time to look after his, this defendants's personal business as the said business required, but was to hold himself in readiness to attend to the wants of any prospective customer of the plaintiff, which this defendant did at all times; that on the day of, at his own expense and while attending to his own personal business, this defendant did obtain said option and some time thereafter did inform plaintiff that he had obtained said option; that this defendant did not accept the terms of said option and purchase said patent before his employment with the said partnership terminated, and as his own personal business and at his own personal expense this defendant did sell a shop-right under said patent to C. W. & Co., of, for dollars and has retained the proceeds thereof, that thereafter this defendant formally accepted the terms of said option and obtained said patent to be assigned to himself, paying therefor with his own money and caused said assignment to be recorded in the patent office; that this defendant did procure the assignment of a shop-right to manufacture under said patent, leaving blank the name of the grantee and the place where said license was to be exercised; that he had issued two other assignments of shop-rights, which he controls only through the friendship of parties to whom they were issued; that he had issued to the defendant, J. E., a shop-right of the kind alleged in the bill, and that this defendant has refused and still refuses to assign said patent to the plaintiff. The other allegations of plaintiff's said bill, together with all qualifications of the above admissions as set forth in said bill, this defendant denies.

And further answering plaintiff's said bill, this defendant says that on or about the day of, the said partnership of J. W. & Son, having represented to this defendant that they were unable to pay him the salary which by the terms of the contract under which he was employed by them. they should pay, and this defendant, being unwilling to continue in their service at a less salary, it was agreed between the said partnership and this defendant that his employment should terminate on the first day of January, 1897, and about the said date one W. W., being then in the employ of said partnership as foreman, and because of a threatened reduction of his salary, likewise having determined to quit the employment of said partnership, said W. W. and this defendant entered into an agreement, looking to the organization of a company for the manufacture of machinery in which they desired to use the invention covered by said patent; that the said W. W. requested this defendant to visit the said inventor and patentee and to procure from him a shop-right under the said patent, or an assignment of the said patent, for the purpose of using the same in the manufacture of said machinery; that on the day of, pursuant to the said agreement and request of the said W. W., and in preparation for beginning the manufacture of said machinery, this defendant at his' own expense went to see said inventor, and likewise at his own expense procured said option to be issued to himself; that up to said time neither plaintiff nor any other member of said partnership had directed, requested or suggested that this defendant should procure an option for the purchase of said patent, or procure any interest in the same for said partnership; that thereafter and about the day of this defendant received a letter from plaintiff, bearing date of —, in which plaintiff asked this defendant whether he had seen the said inventor and patentee, and stated that he had written to this defendant about the said matter nearly two months previously; and this defendant says that said letter contained the first information to him from plaintiff or any other member of said partnership that said partnership desired

him to procure any interest in the said patent, for said partnership, and this defendant believes and alleges the fact to be, that plaintiff had at that time learnend that this defendant had already obtained said option, and thereupon wrote said letter to this defendant, falsely pretending that he had theretofore, by letter, requested this defendant to obtain said option for said partnership.

This defendant further says that he obtained the said patent and the said option for the purchase of the same, at his own expense and in good faith, with the view of organizing a company for the manufacture of machinery, in which he and the said W. W. desired to use the said patented invention, after the termination of his employment, and that of said W. W., by the said partnership.

Wherefore this defendant asks that the plaintiff's bill may be dismissed at his cost, and that this defendant's title to and ownership of the said patent be quieted against all claims by the plaintiff. B. E.

[Verification.]

No. 543.

Answer(1) in Case of Copyright Infringement. [Caption.]

Now comes the defendant, and for answer to the bill of complaint of the plaintiff herein answering shows:

1. Defendant neither admits nor denies the corporate existence of the plaintiff, and calls for proof of incorporation, as plaintiff may be advised.

2. Defendant admits that it is a corporation as alleged in the bill of complaint, and doing business therein as alleged, but denies that at its said place of business, or elsewhere, it has committed any of the acts pleaded in the bill of complaint.

3. Defendant denies that the plaintiff is the author of the alleged copyrighted work complained of, and demands proof thereof.