26 Apr. 1805

Evidence

Ch.1 Ends

'.3. Procedure branches

Particular Ends

Testator[?] is just dead, bequeathing /having bequeathed/ to you by his will, a certain horse now living /feeding/ in a field attached to his house, and having appointed Fiduciarius[?] Executor of such his will. To this horse you have a right, but of what sort? Not a compleat connsummate right; only an inchoate and as yet imperfect one. What you have an immediate right to is the sort of service on the part of Fiduciarius that will be rendered to you by delivering to you the horse, and thereby by enabling you to keep the horse in a field of yours and make such use of him as you may think fit. If without his having rendered to you that service, you were to attempt to take away the horse, he might under the protection of the law, as above make the same resistance to you, as if you were to attempt without his consent to take the value in money out of his purse.

What you have moreover a right to is as before, in the event of his not having delivered over to you the horse before the point of time, before which in virtue of the law relative to Executorship he was /stood/ bound to render you that service, a corresponding service to be rendered to you, as above by the Judge. By Fiduciarius your inchoate right in relation to the horse might and should have been converted /turned/ /compleated/ into a consummate one; he failing, the same conversion may, and at your instance /demand/ Fiduciarius after due opportunity allowed[?] him having no sufficient[?] reason to allege to the contrary &[?] ought to be rendered to you by the Judge.