286 Assembly Proceedings, 1694-1728.

Liber LL, 4
Acts

Left one thousand acres of Land to be sold and appointed the said
Renatus Smith and Anthony Ivy Executors thereof (as appears by
the Records of the said Will Remaing in the Com^ry Generalls
Office of this Province and shortly after dyed which said Ex-
ecutors took upon them the burthen of the administration of the
deceds Estate and the Execution of the said Will and in pursuance
thereof Caused the Estate of the s^d Deced to be Valued and Appraised
according to Law The Totall whereof as p the Invent^rys remaining
likewise in the affores^d Office Amounting to One Thousand and Sixty
seven pounds three shillings and three half pence which with the Value
of the Land Af^d left by the deced to be sold as it was Suggested to the
said Assembly he thought might had been Sufficient to discharge his
Debts But ijt was then Represented by Renatus Smyth the Surviving
Ex^r (the Other Ex^r being dead that the whole personal Estate of the
deced together with the purchase Mony of the aforesaid Lands was
not near Sufficient to Satisfie the Creditors of the Testator and that
the said Renatus in Endeavouring to Comply with the Testators will
as to the paym^t of his Debts, had greatly Impoverished his Own
Estate And likewise had past his Own Obligations to severall persons
to Satisfie and pay them their Respective Claimes against the deced
being due from him as appeared by Bills Bonds and Other Instru-
m^ts for the paym^t whereof he Obliged as well his heirs Executors and

p. 512

adm^rs as himself, And for that the said Robert Smyth Esq^r deced
dyed possessed of great quantityes of Land in this Province which
Can in no wise be Serviceable to his heir at Law they not being any
wise Improved or Tenantable but lye wholy uncultivated and no
benefitt arriseing there from to discharge the yearly rent to his
Lordship the Lord Proprietary to this province So that before the heir
that is very young arrives to full Age to possess them the Yearly
rent af^d would Surmount the Reall Value of the Lands. Also for that
Severall Devisees in the will af^d mentioned of Large Tracts of land
live so remote Viz. in Great Britain that they cannot be taken to
Satisfie such of the Testators debts as the Law would Oblige them
to were they within this province. And Therefore praying that the
said Renatus Smith might be admitted and empowered to Sell any
of the Lands whereof the said Testator dyed possessed whether
devised or not as well to Satisfie and pay his af^d Obligations so as
af^d Entered into he not being able to Comply therewith out of his
Own proper Estate, Being reduced by his Application of the greatest
part thereof Towards Satisfaction of the Testators Creditors as to
reimburse him what he had so paid Over and above the Amount of
the deceds Estate with the purchase of the Land aforesaid being
about Eleven hundred and nine pounds Nineteen Shillings & Six
pence as appears by an Acco^t thereof made up and passed before the
Commissary Generall of this Province and Remaining in his Office.