
    HENRY A. MOORE, EXECUTOR, &c., OF RESCARRICK MOORE, DECEASED, APPELLANT, and JULIA SMITH, RESPONDENT.
    1. Though there be no express evidence of the delivery of an ante-nuptial agreement, and though it was in the possession of the husband after the marriage, ils delivery will be presumed if its due execution he proved and it appear that it was recognized by the husband.
    2. If an executor receive the effects of his testator and does not apply them in due course of administration, his estate is liable, and his executor may be called upon in equity to pay the legacies in due course of administration of the assets which came to his hands.
    Thin case is reported in 3 Green’s Ch. R. 485.
    
      S. R. Hamilton and P. D. Vroom, for the appellant.
    They cited 3 Kent’s Com. 521, 524, 528, 529; 2 Ibid. 444; Dickens 563; 6 Simons 40; 5 Ves. 654; 7 Ibid. 558; 9 Ibid. 107; 2 Swanst. 288; 7 John. Chan. 269.
    
      W. Halsted, for the respondent.
   The lecree of the Chancellor was unanimously affirmed.  