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 promising: tbe si m paid will be applied as if suit had been against the, promising administrator.