Admission  may
be  explained.
Admission  of  Assets.]  An  admission  may  be  express,  or
implied  from  the  acts  of  the  executor.  If  in  an  action
against  an  executor  he  does  not  plead  plene  administravit
but  payment  only,  on  which  plea  he  fails,  this  will  be  an
admission  of  assets.  Erving  v.  Peters,  3  T.  E.  685.  So  if
he  allows  judgment  to  go  by  default.  Re  Higgins,  2  Griff.
562.  Payment  of  probate  duty  is  presumptive  evidence  of
an  admission  (but  not  an  absolute  admission)  of  assets  to
the  extent  covered  by  the  amount  of  duty  paid.  Lazonby
V.  Mawson,  4  D.,  M.  &  G-.  556 ;  see  Hutton  v.  Rossiter,  7
D.,  M.  &  G.  9 ;  Mann  v.  Lang,  3  A.  &  E.  699.  An  ad-
mission by  the  executor  of  a  legacy  being  due  by  him  is  an
admission  of  assets.  Holland  v.  Clark,  2  Y.  C.  C  319 ;
see  Stephens  v.  Venables,  31  Bea.  124.  So  payment  of
interest  on  a  legacy  from  time  to  time.  Att.-Gen.  v.  Chap-
man, 3  Bea.  255;  Parry  v.  Huddleton,  18  Jur.  992  ;  comp.
Savage  v.  Lane,  6  Ha.  32;  Postlethwaite  v.  Mounsey,  ib.
