An  executor  was  always  justified  in  paying  a  debt  of  a  Debts  of  different
lower  degree  (see  ante,  p.  29),  though  a  debt  of  a  superior  ^^p^-
degree,  of  which  he  had  no  notice,  might  be  unpaid  {Haw-
kins V.  Day,  Amb.  162),  if  a  reasonable  time  had  elapsed
since  the  testator's  death.  (Wms.  Exors.  961,  n.  (<).)  But
not  if  he  had  notice,  for  that  was  a  devastavit  {post,  Ch.  V.).
Executors  are  presumed  to  have  notice  of  judgment  debts
and  decrees  in  equity  for  payment  of  debts,  but  not  of  other
debts.     See  Berber 6 s  Case,  3  P.  W.  117.
e2


244


Executors — Set-off,  8fc.
Executor  may
give  preference
ivhere  debts  of
equal  degree.
Where  judgment
obtained.
Effect  of  com-
mencement of
action ;


Executor  surety
for  testator.
