#### M'Neil and Wife vs. the Administrators of Quince.

HpIlK deceased left a legacy to the feme, for which this action on the case was brought. The administrator had been applied to and he said he would pay it as soon as he could sell the Or tors plantation.

V/sight, for the plaintiff,

cited Cowper 234, 289. 1 Vent. 120. 2 Cro.' 602.

joedyn, e contra,

cited 5 T, 690. Iredell SCO.

ila.il, Judge.

Legacies may be recovered two ways inequity or by petition, and a suit will lie at law upon a promise by executors to pay it. lie 15 under a moral obligation to pay it whea he has assets, and that is a consideration. If he promise in consideration oí forbearance, though there be no assets, that is e-wuugh. It wbi lie against the administrator of the administrator *154promising: tbe si m paid will be applied as if suit had been against the, promising administrator.