cestui que trust not being before the court, and the trust not discovered. (t)

A bill to carry a decree into execution.-This bill is filed when, from the neglect of parties, or some other cause, it may become impossible to carry a decree into execution without the further decree of the court. (u)

A bill in the nature of a bill of revivor is filed when the death of a party, whose interest is not determined by his death, is attended with such a transmission of his interest that the title as well as the person entitled may be litigated in this court, as in the case of the devise of a real estate, the suit is not permitted to be continued by a bill of revivor. (v)

An original bill, in the nature of a supplemental bill, is filed when the interest of the plaintiff or defendant suing or defending, wholly determines, and the same property becomes vested in another person not claiming under him. (w)

A bill to suspend or put a period to the operation of decrees, or to put a period to a temporary decree. This bill is filed where a decree is to foreclose. The court will, in cases of necessity, enlarge the time for performance, by payment of the money, though the decree be signed and enrolled. (x)

A bill is sometimes filed by the particular direction of the court, when upon hearing a cause it sometimes appears that the suit already instituted is insufficient to bring before the court all things necessary to enable it fully to decide upon the rights of all the parties. (y)

A bill of dower or partition is brought in chancery owing to the difficulty under which a widow labours at law, from not being able to ascertain the lands out of which she is dowable, (≈)

(t) Hinde, 67. (u) Idem, 68. (v) Idem, 69.

A bill to marshal securities, is filed against a party who has two funds' by which his debt is secured by a person having an interest in one fund only. (a)

A bill to marshal assets, is filed in favor of simple contract creditors, and of legatees, devisees, and heirs, but not in favor of next of kin, to prevent specialty creditors from exhausting the personal estate. (b)

A bill of foreclosure is filed by a mortgagee against the mortgagor, for the purpose of having the estate sold, and thereby obtain the sum mortgaged on the premises with interest and costs. (c)

The Form of an Original Bill, with general remarks on Bills generally, in the due order of succession correspondent with their contents.

of the bill.

11

To the honorable James Kent, Chancellor of the 1. The address" state of New York,

tion. The de

place of abode

should be set

forth in the bill.

Humbly complaining sheweth unto yourHonor your Or-2. Introdue
ator, A. B. son of C. D. of the city and county of New- scription and
York, (an infant,) under the age of 21 years; to wit,
of the age of six years, or thereabouts, by his said Fa-
ther and next friend, and E. F., of the city and county
aforesaid. That G. H., also of the aforesaid city and s. Premises.
county, being seised and possessed of a very consider- a bill to com-
able real and personal estate, on or about the

day of
in the year
did duly make
and publish his last Will and Testament in writing, and
thereby, amongst other things, devised and bequeathed
as follows, [here are inserted such parts of the will as
constituted the bequest,] which was of $

current money of the state aforesaid, and that the said
Testator departed this life on or about the
day of

(a) 1 Mad. 203. (b) Idem, 498.

in year

(c) 1 Mad. 419.

and

The parties to

prise every Person interes

ted in the event

of the suit.

4. Confederacy-The charge of con

universally in

upon or soon after the death of the said Testator, to wit,
on or about the
in the year

day of

the said I. K. and L. M. (mentioned in the Will,) duly proved the said Will before

the Surrogate of the City and County of NewYork, and took upon themselves the burthen and execution thereof; and accordingly possessed themselves of all the said Testator's real and personal estate, goods, chattels, and effects, to the amount of and upwards. And your Orator further sheweth unto your Honor, that he has by his Father and next friend, at various times, since his said legacy of became due and payable, applied to the said I. K. and L. M. requesting them to pay the same, for the benefit of your Orator; and your Orator well hoped that they would have complied with such request, as in conscience and equity they ought to have done.

But now so it is, may it please your honor, that federacy, tho the said I. K. and L. M., combining and confederating serted, seems together, and to and with divers persons as yet unto be nugatory. known to your Orator, (but whose names when discovered your Orator prays may be inserted herein as defendants and parties to this your Orator's suit, with proper and sufficient words to charge them with the premises,) in order to oppress and injure your Orator, do absolutely refuse to pay, or secure for your Orator's benefit, the legacy of$ aforesaid, or any part thereof; for reason whereof the said Confederates sometimes allege and pretend, that the Testator made no such will, nor any other will to the effect aforesaid; and at other times they admit such will to have been made by the said Testator, and that they proved the same, and possessed themselves of his real and personal estate; but then they pretend, that the same was very small and inconsiderable, and by no means suffi

cient to pay and satisfy the said testator's debts, legacies, and funeral expenses; and that they have applied and disposed of the same towards satisfaction thereof; and at the same time the said Confederates refuse to discover and set forth what such real and personal estate really was, or the particulars whereof the same consisted, or the value thereof, or how much thereof they have so applied, and to whom, and for what, and how the same has been disposed of particularly.

within the

Whereas your orator chargeth the truth to be that 5. Charging part.-Such the said testator died possessed of such real and per- facts as were sonal estate, to the full value aforesaid; and that the plaintiff's same was much more than sufficient to pay all the just and were' esdebts, legacies and funeral expenses of the said Tes

knowledge,

sential for the

purpose of establishing his

be distinctly

tator; and that the said confederates, or one of them, claim, should had possessed and converted the same to their own and positively uses, without making any satisfaction to your Orator charged. for his said legacy; All which actings, pretences and doings of the said Confederates are contrary to equity and good conscience, and tend to the manifest injury and oppression of your Orator.

clause.-This

In tender consideration whereof, and for that 6. Jurisdiction your Orator is remediless in the premises by the strict part is introrules of Common Law, and relievable only in a Court duced for the of Equity, where matters of this nature are properly ving the court cognizable.

purpose of gi

jurisdiction.

ry part. One

being to obtain

fendant a con

To the end therefore, that the said Confederates 7. Interrogatomay respectively full, true, direct and perfect answers of the princimake upon their respective corporal oaths, according Palobjects of a to the best of their respective knowledge, information, from the deand belief, to all and singular the charges and matters fession of the aforesaid; as fully, in every respect, as if the same facts necessary were here again repeated, and they thereunto particu- plaintiff's case, larly interrogated: and more especially, that they res- quires a full pectively set forth and discover, according to the best of

to support the

the bill re

and perfect an- their knowledge, whether the said testator G. H duly

swer to all

the charges and made and executed such last Will and Testament in wri

matters there

in contained. ting of such date, and of such purport and effect, afore

said; and thereby bequeathed to yourOrator such Legacy of $ as aforesaid, or any other, and what last Will and Testament, of any other, and what date, and to any other and what purport and effect particularly: and that they may produce the same, or the probate thereof to this Honorable Court, as often as there shall be occasion; and whether by such Will or any other, and what Will, the said Testator appointed any and what other Executors by name; and when the said Testator died, and whether he revoked or altered the said Will before his death, and when, and before whom, and in what manner; and whether the said Confederates, or one, and which of them, proved the said will, and when, and before whom; and that they may respectively set forth, whether your Orator, by his said Father and next friend hath not several times, since his said legacy became due and was payable, applied to them to have the same paid, or secured for his benefit, or to that purpose and effect, or how otherwise; and whether the said Confederates, or one, and which of them, refused and neglected to comply with such request, and for what reasons respectively, and whether such refusal was grounded upon the pretences herein before charged, or any, and which of them, or any other, and what pretences particularly. And that the said Confederates may admit assets of the said Testator come to their hands sufficient to satisfy your Orator's said Legacy, and subject to the payment thereof: and that, &c. &c. requiring a full statement of effects to come to their hands, and the disposal thereof, &c. &c. that the plaintiff may be enabled to show he has a right to the payment of his Legacy, in case it should be controverted; and that they may be compelled by a decree of this