DEMURRERS.

Demurrer for want of Equity.

The demurrer of C. D. one of the defendants to the bill of complaint of A. B. complainant.

THIS defendant, by protestation, not confessing or acknowledging all or any of the matters or things in and by the said bill set forth and complained of to be true, in manner and form as the same are herein and hereby set forth and alleged, saith, she is advised by her counsel, and there is no matter or thing in the said bill contained, good and sufficient in law, to call this defendant in question in this honorable court for the same, but there is good cause of demurrer thereunto, and therefore this defendant doth demur thereunto, and for cause of demurrer this defendant saith, that the complainant's said bill (in case the allegations therein contained were true, which this defendant doth in no suit admit) contains not any matter of equity whereon he can ground any decree, or give the complainant any relief or assistance, as against her this defendant; therefore, and for divers other errors and imperfections in the said bill appearing, this defendant doth demur in law thereunto, and humbly demands the judgment of this honorable court, whether she shall be compelled to put in any further or other answer to the said bill; and humbly prays to be hence dismissed, with her reasonable costs in this behalf most wrongfully sustained.

A demurrer for want of parties.

The demurrer of C. D. defendant, to the bill of complaint of A. B. complainant.

As to so much of the complainant's bill, whereby the complainant doth entitle himself to, and demands from this defendant as executrix of in the bill named, the sum of under a letter of appointment, pretended to be directed to

in the bill named by

and interest,

also in the said bill named, and an

other defendant thereto; whereby the said other defendant

did direct the said

to pay

in the manner in the

bill mentioned, and for that, the said

as is pretended had

notice of an assignment in the bill mentioned of the said to the complainant, and promised to pay the same: This defendant, by protestation, not confessing or acknowledging the complainant's bill to be true, in such sort, manner and form, as the same matters are therein set forth, this defendant doth demur thereto, and for cause of demurrer sheweth, that by the complainant's own showing in his bill the said is dead, and neither bis executor or administrator is made a party to the said bill; and therefore, and for other good cause or causes of demurrer, in the bill contained as to so much of the complainant's said bill as is demurred unto as aforesaid, this defendant doth demand the judgment of this honorable court, wnether this defendant shall be compelled to make any answer thereunto, otherwise than as aforesaid; and this defendant humbly prays to be hence dismissed, with her costs, in this behalf wrongfully sustained.

A demurrer for want of parties, and for want of an affidavit to a bill brought for a discovery of a deed.

The demurrer of A. B. and C. his wife, defendants, to the bill of complaint of D. E. complainant.

The said defendants, by protestation, not confessing or acknowledging all or any matters and things in the complainant's bill of complaint alleged and set forth to be true, in such manner and form as the same is and are hereby set forth, say, that they are advised, that the substance of the said bill is to discover a deed suggested to be made by in the said bill named, whereby per annum, or some such provision was made for the benefit and advantage of his younger sons, and payable out of lands, and that the plaintiff is the survivor, and entitled to the said provision, and that the said lands upon the death of the said descended, or came to his eldeceased, of whom the plaintiff, as is suggested, demanded the benefit of the said deed; but before any benefit obtained, he the said died, leaving two daughters his heirs, and that the plaintiff, after the death of the said application to the defendant and sent the deed to her, and that the said deed is now in the hands of the said defendants, who, by combination with the said daughters and heirs, do refuse top ay the plaintiff the said provision made by his

dest son and heir

the relict of the said

made his

father, and the arrears thereof, or permit him to enjoy the lands out of which the same is issuing, and therefore prays a discovery of the said deed, and to have the arrears of the said provision and further relief: To which bill these defendants, as advised, do demur, and for cause of demurrer say, that the plaintiff ought, according to the rules of this court, to have made affidavit, that he had not in his custody or power, the deed of which he seeks a discovery, and for want whereof he prays relief in this court; and also for that the said complainant seeks relief for arrears of a provision of per annum, or some other provision made by the supposed deed, and to have relief in this court, to make good the same for the future, and yet hath not made the executors or administrators, nor the heirs of the said

parties to his bill, who are (as these defendants are advised,) the proper persons entitled and interested, to contest the said arrears or future payment thereof, and the relief prayed in and by the complainant's said bill. And, although he hath taken notice in his bill of the said daughters and heirs, yet hath he not made them defendants, nor prayed any process against them: wherefore, and for many other errors and defects in the said bill, the said defendants do demur in law, and do humbly pray the judgment of this honorable court, whether they shall be compelled to make any other or further answer thereto, and do also humbly pray to be hence dismissed, &c.

A demurrer for that the plaintiff's have not entitled themselves to prosecute.

The said defendants, by protestation, not confessing or acknowledging all or any of the matters or things in the complainant's bill of complaint contained to be true, in such manner, sort and form, as the same are therein and thereby set forth and alleged, do demur thereunto, and for cause of demurrer show, that the scope and end of the complainant's bill is to be relieved, touching several sums of money by the said bill, supposed to be due from these defendant's to one

deceased, in the said bill named, which the complainants would, or seek by their said bill to claim as executors to the said and yet have not alleged in or by their said bill, that they have proved the will of the said (if any such was made,) or otherwise taken upon them the burthen or execution thereof, or any ways intitled themselves unto her personal estate, and to sue for the same: Wherefore, and forasmuch as the said complainants have

not well and sufficiently entitled themselves in and by their said bill to the said money, (if any had been due from these defendants, or either of them to the said ,) as is thereby supposed, and for that, should these defendants pay the money demanded by the said bill, to the complainants before they have either proved the will or sued out administration, they cannot sufficiently, as these defendants are advised and insist, discharge these defendants, nor give these defendants any proper receipt, or receipts for the same, but that they shall or may be liable to be questioned again by such person as may sue out administration to the said with the said will annex

ed, or otherwise, for which and divers other causes, these defendants do demur in law unto the complainant's said bill of complaint, and the matters and things therein contained; and humbly demand the judgment of this honorable court, whether they, or either of them, shall be compelled to make any other or further answer thereto, and pray to be hence dismissed with their costs, &c.

Demurrer to a bill to have a will established, and to perpetuate the testimony of witnesses, and praying relief.

The demurrer of A. B. and C. D. defendants, to one part, and their answer to the other part, of the bill of complaint of E. F. complainant.

The said defendants, by protestation, not confessing or acknowledging all or any of the matters and things in the complainant's bill mentioned to be true, in such manner and form as the same are therein set forth, as to so much of the said bill as seeks to have the will of deceased, in the said bill named, established against these defendants by the decree of this honorable court, these defendants do demur, and for cause of demurrer do show, that it appears by the said complainant's own showing, in and by the said bill, that the said complainant hath not any equity, or title whereon such decree can be grounded or made against these defendants, or either of them, and the validity of the said will is a matter properly triable at law; wherefore, and for divers other errors and imperfections appearing in the said will, these defendants do demur to so much and such part of the said bill as aforesaid, and humbly pray the judgment of this honorable court, whether they shall be compelled to make any answer to such part of the bill as is demurred unto.

APPENDIX.

And to the residue of the said bill, these defendants, respectively saving and reserving to themselves all benefit and advantage of exception to the imperfections and insufficiencies thereof, do severally answer and say, &c. They deny that the testator made a will, and believe he was imposed upon in making the same, and insist that they the defendants, as heirs at law to the said testator, are entitled to his freehold estates in the complainant's bill mentioned, &c.

A Demurrer put in by three defendants to a bill exhibited against them and others, for several and distinct matters that have no relation to each other, and wherein they are not interested.

The Demurrer of A. B. and C. D. and E. F. three of the defendants, to the bill of complaint of G. H. complainant.

These defendants, by protestation, not confessing or acknowledging all or any of the matters or things in the said complainant's bill, set forth to be true, in such shape, manner and form, as the same are therein and thereby set forth and alleged, for demurrer thereunto, these defendants severally say, that it appears by the said bill, that and the same is exhibited against these defendants, and

for several and distinct matters and causes, which have no relation to or dependance upon each other, and wherein, as it appears by the bill, neither of these defendants are in any manner interested or concerned, by reason of which matters the complainant's bill is spun out to a great length, and these defendants forced to make a copy of the whole, and by mingling defendants and causes together in one bill, in the progress of the suit, the pleadings, orders and proceedings will be intricate and prolix, and these defendants put to unreasonable and unnecessary charges in taking copies thereof; for which reasons, and for divers other errors and imperfections in the said bill appearing, these defendants do demur to the said bill of complaint, and humbly demand the judgment of this honorable court, whether they shall be compelled to make any further or other answer thereunto, and humbly pray to be hence dismissed with their costs.

N