CourtListener 3917212•M'Neil v. Administrators of Quince
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ila.il, Judge.
Legacies may be recovered two ways inequity or by petition, and a suit will lie at law upon a promise by executors to pay it. lie 15 under a moral obligation to pay it whea he has assets, and that is a consideration. If he promise in consideration
oí forbearance,
though there be no assets, that is e-wuugh. It wbi lie against the administrator of the administrator
*154
promising: tbe si m paid will be applied as if suit had been against the, promising administrator.
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