(Latin: From the goods of the testator, if he has any, and, if not, from those of the executor.) A judgment rendered where an executor falsely pleads any matter as a release, or, generally, in any case where he is to he charged in case his testator’s estate is insufficient 1 Williams’ Saund. 336b; Bac Abr. “Executor,” B, 3; 2 Archb. Pr. K. B. 14a