(Lat. From the goods of the testator, if he has any, and, if not, from those of the exrecutor.) A judgment rendered where an executor falsely pleads any matter as a release, or, generally, in any case where he is to be charged in case his testator’s estnte is insufficient. 1 Williams’ Saund. 3360; Bac. Abr. “Executor,” B, 8; 2 Archb. Pr. K. B. 148.