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

scription and should be set

place of abode

forth in the bill.

The parties to

Humbly complaining sheweth unto yourHonor your Or- 2. Introduo-
ator, A. B. son of C. D. of the city and county of New-
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 ted in the event
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. 202. (b) Idem, 498.

in year

(c) 1 Mad. 419.

and

prise every Person interes

of the suit.

4. Confedera. ey.-The

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 charge of confederacy, the the said I. K. and L. M., combining and confederating universally in 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.

part.-Such

within the

es

sential for the

tablishing his

Whereas your orator chargeth the truth to be that 5. Charging 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 knowledge, same was much more than sufficient to pay all the just and were debts, legacies and funeral expenses of the said Tes- purpose of es 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.

be distinctly

clause.-This part is intro

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

jurisdiction.

ry part. One

objects of a

suit in equity being to obtain

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 Ppal to the best of their respective knowledge, information, from the de and belief, to all and singular the charges and matters fendant a conaforesaid; as fully, in every respect, as if the same to support the were here again repeated, and they thereunto particu- plaintiff's case, larly interrogated: and more especially, that they res- quires pectively set forth and discover, according to the best of

the bill re

a full

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 whe-
ther he revoked or altered the said Will before his
death, and when, and before whom, and in what man-
ner; and whether the said Confederates, or one, and
which of them, proved the said will, and when, and be-
fore 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 pur-
pose
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 pre-
tences 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 plain-
tiff may be enabled to show he has a right to the pay-
ment of his Legacy, in case it should be controverted;
and that they may be compelled by a decree of this

8 Prayer of

relief.- The

ticular relief

honorable court to pay your Orator's said Legacy of $ and that the same may be placed out to prayer for par interest for your Orator's benefit until your Orator at- altho'generally tains the age of 21 years, and that the said $

inserted, seems to be unnecessary. You

pray for such

iief as is agreea

made by your

9.

process.

may then be paid to him, and that in the mean time the may at the bar interest thereof may be paid to your Orator's said Father, particular retowards the maintainance and education of your Orator, ble to the case and that your Orator may have such further and other bill. relief in the premises as the nature of the case shall require, and as to your Honor shall seem meet. May 9 Prayer of it please your Honor to grant unto your Orator the most gracious writ of Subpoena of the People of the State of New-York, issuing out of and under the Seal of this Honorable Court, to be directed to the said I. K. and L. M. and the rest of the Confederates when discovered, thereby commanding them and every of them, at a certain day, and under a certain pain, therein to be specified, personally to be, and appear before your Honor, in this Honorable Court; and then and there to answer all and singular the premises aforesaid, and to stand to perform and abide such order, direction and decree therein as to your Honor shall seem meet; and your Orator shall ever pray, &c. &c. A. B., Solicitor for Complainant,

C. D., of Counsel.

A Bill of Interpleader.

This bill is preferred in cases where two persons claim of a third the same debt or the same duty, as if rent be demanded of a tenant by two several persons, and he be ignorant to which it is actually payable, he is entitled to protect himself against their separate claims by exhibiting against them a bill of interpleader; by which, after setting forth the circumstances of the case, he prays that they may be compelled to state their respective rights to the court (a)

(a) Bart. 45,

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