1. The right of retainer is the right which the executor or administrator of a deceased person has to retain out of the assets sufficient to pay any debt due to him from the deceased In priority to the other creditors whose debts are of equal degree. 3 Steph. Comm. 203. Miller v. Irby, 63 Ala. 483 ; Taylor v. Deblois, 23 Fed. Cas. 765. 2. In English practice, a “retainer,” as applied to counsel, is commonly used to signify a notice given to a counsel by an attorney on behalf of the plaintiff or defendant in an action, in order to secure his services as advocate when the cause comes on for trial. Holthouse. Agnew v. Walden, 84 Ala. 502, 4 South. 072; Blackman v. Webb, 38 Kan. 008, 17 Pac. 404. 3. A servant, not menial or familiar,

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