Trial Evidence the Rules of Evidence And of the Conduct of the Examination of

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Ev. , § 343 ; Austin v. Munroe, 47 K. Y. , 360 ; Davis v. Vansanda, 45 Conn. , 600.
CHAP. L] EXECUTORS AND ADMINISTRATORS 187 personally after having taken out letters, or where the judgment if rendered against the defendant would be payable de bonis propriis and not de bonis testatoris. In such cases the plaintitf's right to sue and the defend- ant's liability to suit, not being wholly de- pendent upon the letters testamentary or of administration held by them, the proof of such letters may ge...nerally be dispensed with. 45 (c) Trustees. — When plaintiffs sue trus- tees the burden is upon them to prove the ex- istence of the trust under which they act and this necessity involves the fact and manner of its creation. If the trust was created by pa- rol it may be proved by parol, and when it had a documentary origin the document or docu- ments that created it must be produced and identified, or proved by secondary evidence in cases where the latter is admissible. '*'' But it has been held that where a trust has been *5 Schouler Exr.

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