Volume 748, Page 389 View pdf image |
389) R C C C Rob.t Carvil & Bill Answ.r & Except.ns to s.d Answ.r &c Clem.t Hill sen.r The Decree pro Confesso obtained last Court Ex.r Bodkin ag.t by y.e Compl.ts ag.t y.e Deft being at y.e Request W D Philip Lynes & in favour of y.e Deft wholly set aside & voided This Cause comeing thereupon to a full hearing this day The Court Decrees as followeth And together with y.e s.d Decree issues Execution in these words (viz.t) Maryland ss William y.e third by y.e Grace of God of England Scotland France & Ireland King Defend.r of y.e faith &c To all to whom these presents shall come /Greeting And more particularly to Philip Lynes of Charles County Merch.t Greeting Whereas a certain finall Judgment & Decree was lately made before our Chancell.r & other our Justices of our high Court of Chancery in y.e province of Maryland between Clem.t Hill & Robert Carvile Gentl Exec.rs of y.e last Will & testament of James Bodkin late of y.e same County Merc.t decd pl.ts ag.st you y.e s.d Philip Lynes Deft in y.e year of our Lord 1694 exhibited his Bill into this Court to be relieved touching y.e Matters therein Contained Thereby amongst other things therein contained setting forth That y.e s.d James Bodkin being in his Life time seized & possessed of a pcell of Land called y.e Mill Dam & two Mills under one Roof there & certain houses thereon standing & erected in Charles County afd formerly built by one John Allen Gentl deceased & him in y.e year of our Lord 1674 mortgaged to one Dominick Bodkin decd for 37200.ℓ of tob payable in or about Decemb.r 1674 afd & long since forfeited He y.e s.d James Bodkin by his last Will & testament in writing bearing date y.e 20.th day of August 1683 Thereby reciting That whereas by Right of Exec.rpp of y.e estate of y.e s.d Dominick in these American parts he was possessed of y.e s.d Mills & premisses & had made a Contract with Coexec.rs & Gentl concerned with his Uncle y.e s.d Dominick Bodkin in his late voyage to these parts That if y.e s.d James Bodkin should at his own proper Cost & Charges recover y.e Mills then he paying a certain sum of tob to y.e order of y.e s.d other Coexexec.rs was to have y.e s.d Mills & premisses to his own use forever And after severall Legacies by him given if they should not be assets enough to pay his Debts he willed y.t his Exec.r should bind over y.e s.d Land & Mill to some honest pson as his Exec.r should think fit for some certain term of years as they should see Cause And appoint y.e s.d Compl.ts his Exec.rs & died as by y.e s.d Will may more at large appear After whose Death y.e Compl.ts proved y.e s.d Will & took up them y.e Exec.rpp & about y.e 16 January 1683 they did by Article of Agreement made between y.e plts & Deft for y.e Consideration therein mentioned let y.e same to y.e Deft for y.e term of three |
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Volume 748, Page 389 View pdf image |
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