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ACCOUNT. 33
aforesaid, as to no part or parcel thereof being received;
if the lease cannot be procured, the deposition
of a sufficient witness ought to be obtained,
in which should be set forth the nature
and terms of the lease, as circumstantially as
may be.
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Here note, that between a debt by obligation,
and a debt for covenant broken, there is
not any priority or precedency, but the executor
may pay which he pleases first. Godolphin,
fol. 220.
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The fourth or last class includes all sorts of
debts on simple contract, such as accounts,
and all others not comprehended in any of the
foregoing classes.
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Vouchers of
the 4th class. |
An account fully proved in time, that is,
within
a twelvemonth after the first article therein
charged shall become due, with a receipt, specifying
the particular sums paid in discharge of
such account, is a sufficient voucher; unless
the debtor died after the date of the probate to
said account, in which case, the creditor must
make an additional probate,
That he hath not received any part of said account
(save what is credited) in the life time of the
deceased, since the date of the last probate.
C
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What amounts
to a
legally proved
account.
Where the
debtor dies
after the date
of the probate. |
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