for what purpose he ought to answer this bill, as well as your orator's

either of them, claim any right or title thereto, or interest therein, or

to any part thereof. To the end therefore, that the said

his wife, and

and their son may so do, and that the said suit and proceedings may stand revived, and be in the same plight and condition as they were in at the time of the death of the said or that the said may show cause to the contrary, and may admit assets of his said intestate sufficient to come to his hands to answer your orator's demands, or may set forth a par ticular, full, and true account of his said intestate's estate and effects, and how the same hath been paid, applied, and disposed of; May it please your honor, &c. &c.

Plaintiffs pray process to revive and answer.

ANSWERS.

An answer to a bill to prove a will against an heir at law.

Appendix, page 61.

See bill,

THE answer of A. B. an infant, under the age of twenty-one years, by his guardian, defendant, to the bill of complaint of A. B. an infant, by his next friend C. D. widow, complainant. The said defendant, saving and reserving to himself, now and at all times hereafter, all and all manner of benefit and advantage of exceptions to the manifold uncertainties and imperfections in the complainant's said bill of complaint contained, for answer thereunto, or unto so much thereof as materially concerns this defendant to make answer unto, he answereth and saith, that he believeth it to be true, that in the bill named, father of him this defendant and the complainant, was in his life-time, and at the time of decease, seised of the premises in the bill mentioned, to be devised to the complainant; and doth also believe, that the said

being

so thereof seised, did about the time for that purpose in the bill me:tioned, make and duly publish his last will and testament in writing, whereby he devised the said premises, as in and by the said bill of complaint is set forth and alleged, and that he had power to dispose of the same, and was of sound mind, memory and understanding, at the time of his making thereof; but this defendant doth not know the same of his own knowledge, and therefore hopeth that the complainant shall be compelled to make due proof thereof, before he shall be let into any benefit by the said will; and the rather for that, in case this defendant's said father had not made such will, and thereby such disposition of the premises, as in the bill is set forth, he the said A. B. is entitled to the same as heir at law to his said father. And this defendant saith, that he, being but an infant, and not capable of judging of the mtaters in the complainant's said bill contained, humbly hopes this court will take care of him and his interest in the said premises, in case it shall appear he has any therein and this defendant, further answering, denies that he ever gave out in speeches, that his said father had no right or power of disposing of the said premises, or that he made no such will as in the bill, or that in case he made any such will, yet that he was not of sound and disposing mind, memory, and understanding, when he made the same, as in the bill is untruly suggested: and this defendant denies all, and all manner of combination and confederacy, wherewith he stands charged in and by the said bill of complainant, without that that there is any other matter or thing material or necessary for this defendant to answer unto, and not herein and hereby well and sufficiently answered unto, confessed or avoided, traversed or denied, is true, all which matters and things this defendant is ready to aver and prove, as this honorable court shall direct and award, and humbly prays to be hence dismissed, with his reasonable costs and charges in this behalf most wrongfully sus tained.

:

An answer to a bill of foreclosure.

The answer of, &c.

The defendant saving, &c. answereth and saith, that he admits that he being seised of, and interested in, or otherwise entitled to the fee simple and inheritance of, and in the several messuages and lands in the complainant's bill mentioned, and having occasion for the sum this defendant, in the year applied to the com

of

plainant to lend him the same; and for securing the repayment of the said sum of and interest, this defendant proposed to convey and assure the said several messuages and lands to the complainant, and accordingly this defendant admits, that by such indenture of mortgage, as by the complainant's bill is mentioned to bear and made between this defendant in the county of

date the
by the name of

of the one part,

day of

of

and the complainant, by the name of

of

&c. of the other part. This defendant, in consideration of the sum of paid by the said complainant to this defendant, did grant, bargain, sell, alien, release, and confirm unto the said complainant and his heirs, the said several messuages, lands, tenements, and premises in the said complainant's bill, for that purpose more particularly mentioned and set forth, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all his estate therein, together with all deeds, evidences, and writings, touching or concerning the premises, to hold unto the said complainant, his heirs and assigns for ever; and this defendant does admit, that in such indenture of mortgage, there is a proviso to the effect in the complainant's bill mentioned; and likewise that there is such a memorandum or indorsement on the back of the said indenture of mortgage, to the effect in the complainant's bill also mentioned; and likewise, that for the further and better securing the payment of the said sum of with interest, to the complainant, this defend: ant did enter into such obligation to the complainant, as in the complainant's bill in that behalf is mentioned, and with such condition as in the complainant's bill is set forth; but for greater certainty as to the said indenture of mortgage, endorsement and bond, this defendant refers himself to the same respectively, when they shall be respectively produced; and this defendant does admit, that the said sum of or any part thereof, or any interest for the same, was not paid to the complainant, pursuant to the proviso in the said indenture of mortgage contained, and that thereby the complainant's estate and interest in the mortgaged premises, may become absolute in law; and this defendant does admit, that the complainant, either by himself, or others on his behalf, may have applied to him for the payment of the interest of the said and on the defendant's not

paying of the same, that the defendant should pay the whole principal and interest, but does not remember or believe that the complainant, or any person on his behalf, ever applied to him to release his equity of redemption in the said mortgaged premises, which said

premises this defendant saith that he had power to assign to the complainant, as herein before mentioned, and not assigned over to any other person or persons, or incumbered or charged in any other manner than as is herein before mentioned: and this defendant does admit, that he has not paid to the complainant any interest for the said , or any part of the said principal sum of

day of

; but

now last

this defendant saith, that on the past, there was no more due to the complainant from this defendant, for the interest of the said than the sum of which said premises, notwithstanding such arrears of interest, this defendant humbly apprehends to be an ample security for the said principal sum of and interest, the said premises being of considerable value, and at the improved rent of and upwards, and therefore humbly hopes, that this court will allow him a reasonable time to redeem and pay off the said mortgage, as be is willing and desirous so to do and this defendant denies all, and all manner of unlawful combination and confederacy in the complainaut's bill charged against him; without that, that any other matter or thing in the complainant's said bill of complaint contained, material or effectual for this defendant to make answer unto, and not herein and hereby sufficiently answered unto, confessed or avoided, traversed or denied, is true to the knowledge and belief of this defendant.

All which matters and things this defendant is ready to aver, maintain, and prove, as this honorable court shall award, and humbly prays to be hence dismissed, with his reasonable costs and charges, on this behalf wrongfully sustained.

An answer of Infants by their guardian.

The joint and several answers of A. B. and C. D. infants, under the age of 21 years, by E. F. their mother and guardian, two of the defendants to the bill of complaint of G. H. widow, complainant.

The said defendants saving to themselves, and each of them, all and all manner of advantage of exception to the many untruths, errors, uncertainties, and other imperfections in the said bill of complaint contained; for answer thereunto, or to so much thereof as these defendants are advised is material for them, or either of them, ta make answer to, they answering by their said guardian, severally

say, that they are strangers to all and singular the matters and things in the said bill of complaint contained, otherwise than that these defendants have heard that I. J. their grandfather, in the bill named, was seised of or entitled to several lands and tenements, and also possessed of a considerable personal estate; and also have heard that these defendants' father, K. L. in the bill mentioned, died intestate; and also that their said grandfather and father made some provision for these defendants by bond, settlement, or otherwise. And these defendants being infants of tender years, submit themselves to the judgment of this bonorable court, and humbly hope that what right or title they, or either of them have, to the real or personal estates of their grandfather, or father, shall be protected and saved to then respectively Without that, &c.

An answer and disclaimer.

The several answer and disclaimer of A. B. one of the defendants to the bill of complaint of the complainants.

, and

This defendant, saving and reserving to himself now, and at all times hereafter, all manner of advantage and benefit of exception, that may be had and taken to the many untruths, uncertainties, insufficiencies and imperfections in the said complainant's said bill of complaint contained, for a full and perfect answer thereunto, or to such part thereof as it materially concerns this defendant to make answer unto, he answereth, and saith, that he believes that did die seised of such estates in , as in the said complainant's bill are mentioned; and this defendant does believe that the said did make such last will and testament in writing, and did thereby execute such trusts out of the said estate, and appointed this defendant trustee thereof, in such manner and to such purpose and effect as in the said complainant's said bill for that purpose set forth; and this defendant does believe that the said testator made gentleman, executor of his said will, and this defendant does believe that the said soon after making his said will departed this life, day of

that is to say, on or about the year

and

in the

without revoking or altering his said will, seised of such estates in as in the said coinplainant's said bill are set forth; and this defendant further saith,