One of several defendants.

The answer of S. D., one of the defendants to the [original and] amended bill of complaint of H. N., complainant.

Two of several defendants.

The joint and several answer of L. R. and J. T., two of the defendants, to the bill of complaint of B. D. and C. A., complainants.

Joint answer of several Defendants—names of some misstated in bill. The joint and several answer of M. P., R. P. in the bill called E. P. and J. R., in the bill called A. R. and S. T., defendants to the bill of complaint of M. R., complainant.

Further answers where exceptions taken to former answer and bill

amended.

The further answer of T. J., one of the defendants, to the original bill, and her answer to the amended bill of complaint of S. S. and B. R., complainants. Death of plaintiff before all of defendants have answered, and bill been frequently amended.

The joint and several answer of S. A., C. D., and E. R, three of the defendants to the original and amended bill of complaint of P. N., deceased, and also their answer to the bill of revivor and amended bill of A. D., complainant.

Where adult and infant defendants join in answering.

The joint and several answer of B. J. and M. his wife, H. F., E. F, W. F. and T. P., and of W. P. and J. P., infants under the age of twenty-one years, by their guardian, nine of the defendants to the bill of complaint of G. T. complainant.

Of a supplemental answer.

The supplemental answer of P. T. W., S. G. and T. R., three of the defendants to the bill of complaint of F. W. B. and E. C., complainants.

Commencement.

This defendant now and at all times hereafter, saving and reserving unto himself all benefit and advantage of exception which can or may be had or taken to the many errors, uncertainties and other imperfections in the said complainant's bill of complaint contained, for answer thereunto, or unto so much and such parts thereof as this defendant is advised is or are material or necessary for him to make answer unto, this defendant, answering, saith, &c.

Another form of commencement.

This defendant, reserving to himself all right of exception to the said bill of complaint, for answer thereto, saith, &c.

9

Where a defendant admits a statement.

And this defendant, further answering, saith, he had been informed, and believes it to be true, that, &c. [or, this defendant admits that, &c.]

Where a defendant believes a statement may be true, but qualifies his admission of it, not knowing the same of his own knowledge.

And this defendant further saith, that he has never heard or been informed, save by the said complainant's bill, whether, &c., but this defendant believes that, &c., as in the said bill is alleged.

When one of two defendants denies the allegations in the bill, and the other defendants believe such denial to be true.

And this defendant R. B., further severally answering, saith, she denies, and this defendant S. T. believes such denial to be true, that the said M. R. S. was then incapable of understanding the said codicil, but saith that he fully knew, &c.

Where a schedule of Deeds is required to be set forth.

And this defendant further saith, he hath in the schedule to his answer annexed or underwritten, and which he prays may be taken as part thereof, set forth according to the best and utmost of his knowledge, remembrance, information and belief, a full, true and particular list or schedule of all deeds, &c., and this defendant is ready to produce and leave the same in the hands of his clerk in court for the usual purposes.

Where an account of Rent, or moneys received or paid, is required to be set forth by several defendants.

And these defendants further severally answering, say, they have in the [first] schedule to this answer, annexed or underwritten, and which they pray may be taken as part thereof, set forth according to the best and utmost of their several and respective knowledge, remembrance, information and belief, a full, true and particular account of all and every sum and sums of moneys, &c., [or, if an account is required as to real estate, thus: "a full, true and just rental and particular, of all and singular, the real estates, &c."]

Where a defendant is entirely ignorant with regard to the statement in the bill.

And this defendant, further answering, says he knows not, and has not been informed, save by the said complainant's said bill, and cannot set forth as to his belief or otherwise, whether the said complainant has or not applied for, or procured letters of administration of the goods, chattels, rights and credits of the said E. B., to be granted to her, by and out of the proper, or any office of probate; nor whether, &c.

Where one of two defendants, of his own knowledge, knows the statement · in the bill to be true, and the other defendant does not know the same, but believes the answer of his co-defendant.

And this defendant B. R., further severally answering, saith, and this defendant C. B. believes it to be true, that the said testator was not, &c.

In Chancery.

Answer.(1)

The several answer of I. T., one of the defendants, to the bill of complaint of J. K. and M. E. K., complainants, against this defendant, and A. T., I. M., junior, W. D., J. N. and Jane his wife,

and J. Taylor, defendants.

This defendant, now and at all times saving and reserving to himself all advantage and benefit of exception to the errors and imperfections contained in the said bill of complaint of the said complainants, for answer thereto, or to so much thereof as he is advised it is material for him to make answer unto, he, answering, admits, that John Turner, junior, formerly of the city of NewYork, merchant, at or about the time in that behalf set forth in the complainant's bill of complaint, in the manner therein mentioned, made and published his last will and testament, of the tenor and date to the effect set forth in the said bill of complaint; and afterwards, some time in the year one thousand eight hundred and one, departed this life, leaving the said will in full force, and leaving his wife Christiana and his two children Archibald Turner and Maria E. Turner, both of them then infants, his only children, and heirs at law. That the said Christiana, his widow, also, within a few weeks after his death, departed this life intestate; leaving the said Archibald and Maria his only children and heirs at law.

And this defendant admits, that the said John Turner, junior, at the time of making his said will, and at the time of his death, was seised in fee of a house and lot in Pearl-street, and of eight fifteen parts of a house and lot in William-street, and possessed of a lease for the residue of said house and lot in William-street, which expired on the first day of May last; but whether of any other real estate he doth not know, and which by virtue of his will and the death of the testator and his wife became vested in the said Archibald and Maria, in equal moieties as tenants in common.

And this defendant admits, that the said testator at his death was possessed of considerable personal property, and that this defendant and James Dunlap, since deceased, the executors appointed by his will, shortly after his death duly proved the same, and took out letters testamentary thereon, and jointly acted as such executors until the concerns of the estate were settled and closed, as hereinafter mentioned.

And this defendant admits, that the said Archibald Turner arrived at full age some time in the year 1803, the said Maria being then about six years of age, and that on or about the 5th day of June, in the year 1806, the said Archibald Turner, James Dunlap, who was the brother-in-law of the testator, and this defendant, were appointed guardians of the said Maria, by an order made by the surrogate of the city and county of New-York, and together with John Taylor as their surety, entered into a bond to the said Maria, which was filed

swers.

(1) I have not thought it proper to swell this Appendix with a variety of forms of anThe present was drawn by that eminent counsel Mr. Wm. Slosson, and will be more useful to the student as it was an answer to the bill in precedent No. 2.

with said surrogate, and of which this defendant believes a true copy is set forth in the said bill.

And this defendant, further answering, saith, that the said Archibald Turner, being the only brother of the said Maria, and independent in his circumstances, took on himself solely the charge of the said guardianship; and from the time of said appointment until the said Maria arrived at full age, was her sole acting guardian; and that this defendant never did, in any respect, or on any occasion, either solely or jointly with the said A. T. or J. D., or either of them, act as her guardian, or in any wise intermeddle with or receive her estate, or any part thereof.

And this defendant, further answering, admits, that he and the said James Dunlap, executors of the said John Turner, junior, deceased, in virtue of their character of executors, but not otherwise, upon his death became possessed of his personal estate and effects, and having collected and got in the same as far as they were able, and being desirous to close the concerns thereof, and duly discharge themselves of their trust in that behalf, in or about the month of August, in the year 1807, duly submitted their accounts as such executors, to the said Archibald Turner, who examined and fully approved thereof; and thereupon this defendant and the said James Dunlap divided the said personal estate and effects, into two equal parts, (having kept a separate account of the estate of the said Christiana, who died shortly after her husband,) and as such executors aforesaid, on or about the 20th day of August in that year, transferred and delivered in bonds, mortgages, navy certificate and money, to the said Archibald Turner, including certain advances made to him, and moneys paid for him, prior to that period, property to the amount of $16,172 85, being his proportion of the said personal estate, and for which he gave a receipt to this defendant and the said James Dunlap, as executors as aforesaid; and this defendant and the said James Dunlap at the same time, as such executors, transferred and delivered to the said Archibald Turner as the sole acting guardian of the said Maria, for her proportion of the said personal estate in bonds, mortgages, and navy certificate and money, the like sum of $16,172 85, including in that amount certain moneys which they had paid for her account, amounting to $1405 54, leaving a balance of principal, with arrears of interest, amounting to $14,767 31, (and not as is erroneously supposed in the said bill of complaint to $15,468 94,) and for which amount the said Archibald Turner, as the acting guardian of the said Maria, also gave to this defendant and the said James Dunlap, as executors as aforesaid, a receipt acknowledging such transfer and payment.

And this defendant says, that the whole and every part of the moneys and property so received and delivered over to the said Archibald Turner, was received, held, and delivered over by this defendant and the said James Dunlap solely in their character and capacity of executors as aforesaid, and not as guardians to the said Maria, and that this defendant never at any time, after paying and delivering over the said property as aforesaid to the said Archibald Turner, had in his hands, or under his control, any property of any kind or nature belonging to the said Maria.

And this defendant admits, that he and the said James Dunlap, as executors

as aforesaid, at the time of transferring and delivering to the said Archibald Turner the said property, also delivered to him their accounts as such executors, and a book containing an account of the testator's estate, and the respective proportions thereof belonging to him and the said Maria, as far as this defendant recollects; but for certainty he prays leave to refer thereto. And he saith, that the above was a full statement of the accounts of the said executors, and transfer of all the property in their hands as such executors, and that no further property belonging to the said testator thereafter came to their hands to his knowledge or belief.

And this defendant, further answering, says, that he admits that the said Archibald Turner, who was also a tenant in common with the said Maria, as her acting guardian, received the rents and profits of her proportion of the real and leasehold estates derived from the said testator or otherwise belonging to the said Maria, from and after the first day of May, in the year 1806, until the said Maria, arrived at full age, which he admits was on the 25th day of November, in the said year 1817; but whether quarterly, or what the amount thereof was, this defendant is entirely ignorant. And this defendant further says, that during the whole of that time the said Archibald Turner, as acting guardian of his said sister, for whom he professed and appeared to entertain a great affection, supported and educated her in a style and manner befitting a lady of handsome fortune and respectable rank, and expended therein, as this defendant believes, large sums of money, but to what amount he is entirely ignorant.

And this defendant admits that the said James Dunlap departed this life on or about the time mentioned in the said bill of complaint, intestate, leaving three children, James A. Dunlap, (also since deceased and intestate,) William Dunlap, and Jane, since intermarried with the defendant James Neilson; and that he left a very considerable real and personal estate, but to what amount this defendant is wholly ignorant. That the defendant John Mowatt, junior, administered upon his estate, and that no one hath administered upon the estate of the said James A. Dunlap, deceased.

And this defendant, further answering, says, that the said Archibald Turner, who had married many years before, and settled at Newark, in New-Jersey, and with whom the said Maria lived in his family a very considerable portion of the time, continued in easy and independent circumstances until about the year 1817, when, as this defendant understood and believes, he met with very considerable losses by occasion of endorsements or commitments for the said James and William Dunlap, his cousins.

That the said Maria, shortly before she became of age, applied to this defendant as friend, in relation to the affairs of her brother; and this defendant, although much advanced in years, from the most benevolent motives, immediately devoted his care and attention to her interest. That this defendant made several journeys to Newark; and the said Archibald, who professed a perfect readiness to do whatever lay in his power for his sister, came to New-York and employed counsel to make the necessary transfers of his property, and at the instance and through the agency of this defendant, the said Archibald executed to the said Maria a deed of his moiety of the said house and lot in Pearl-strcet valued at ten thousand dollars, and of his four undivided fifteen parts of the