Volume 748, Page 54 View pdf image |
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1674 Ordered that the former bills be dismist without Costs and that the def.ts putt in their severall and respective answers by the ninetenth day of May next ensueing M.r Robert Ridgley Sir I desire you will be retained one of M.r Henry Scarburghs Attornyes and in case of my faileing to appeare at the next Court in the said cause that you would please to act and fully and amply therein as if I were personally present and this shall be your sufficient warrant of Attorny therein from under my hand as the Attorny and On the behalfe of the abovenamed Henry Scarburgh Complainant and Cap.t Richard Pery and Others defendants this 21.th day of April 1674 Daniel Jenifer To M.r Robert Ridgley Attorny of the Provinciall Court Wittnes Jn.o Blomfeild Memorandum that Die Subat 7.o Martӱ 1673 Came Robert Lafly administrator of the goods and Chattells of John Bigger Son late of Calvert County deceased by his provrat.r Robert Carville and shewed that upon the forth day of June last past John Bigger ju.r tendred an accompt upon Oath of the estate of John Bigger Senior deceased to the value of Eight thousand six hundred and five pounds of tobacco besides sixteen dozen of wooden Combes not valued and three dozen of pinns the said administrator therefor prayed that the said Bigger ju.r might be ordered to deliver to him the said eight thousand six hundred and five pounds of tobacco and the sixteene dozen of Combes and the three dozen of pins or the value of them (whereupon the judge considered that for as much as every Executor whether by right or of his owne wrong is presumed to have in his possession all the goods in the Inventory by him exhibited upon Oath Therefore Ordered That John Bigger ju.r doe pay unto the said Robert Lasley the administrator of John Bigger sen deceased the value of the said Inventory by the said Bigger ju.r exhibited upon Oath vizt eight thousand six hundred and five pounds of tobacco together with sixteen dozen of wooden combes and three dozen of pins or the true value for which he sold them Now here at this day to wit the fiftenth day of April in the two and fortith yeare of the Dominion of Cæcilius &c Came the said John Bigger ju.r in his proper person and offered himselfe to satisfie the abovesaid Order Margarett Penry Complt The Hon.ble Samuel Chew and Thomas Taylor Esqs both members of the Court ag.t being appointed Auditors to audite State and examine the accompt of the deft.s Thomas Howell George Wells Howell and Goldsmith of the estate of Francis Wright deceased And also to & Johanna Goldsmith def.ts examine wittnesses upon Oath on either part and to meete at such tymes and place as they in their judgment shall thinke fitt and seeme convenient & make report to the Court how much shall be found due from the defend.ts Howell and Goldsmith to the estate of the said Wright so that the Court being fully informed of the truth may doe therein as to right and justice appertaines Now here at this day to wit the sixtenth day of April in the 42.th yeare of the Dominion of Cæcilius &c The said Samuel Chew and Thomas Taillor make their report as followeth vizt By virtue and in Obedience to an Order of the high and hon.ble Court of Chancery to Us underwritten directed beareing date the thirtenth day of February last past impowring us in a cause betweene Margarett Penry Complainant and Thomas Howell George Wells and Johanna Goldsmith of the estate of the said Wright Wee the said Auditors thought fitt and convenient to meete at the house of John Larkin in Ann Arrundell County upon the twenteth day of March last past and did give timely notice of Our said meeting unto the said Complt and the said def.ts that wee should be then and there ready to audite their said accompts on which said twentith day of March at the place aforesaid the def.t Thomas Howell did appeare with his papers and accompts aforesaid with one wittnesse |
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Volume 748, Page 54 View pdf image |
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