Court and Testamentary Business, 1638.   49

      pd to Richard Bradley vpon accompt       0015 Liber Z.

      pd to Sergeant vaughan for dueties       ooo6

      pd to Robt Percy vpon accompt            0012

      pd to mr white for his legacie           0200

      pd to Tho: Allen for a legacie           0200

      pd to ffrancis Rabnett vpon accompt      0045

      pd for charges of Court                  0040

      pd to Rich: Lusthead vpon accompt        0030

                                               5663

                 so here is remaining 521 1 l

                             the mrke of x Anne Smith

      23th October 1638                            p.

        This day came Thomas Hebden planter, and alledged an

      impedimt agst the Probate of any will of James Hitches late of

      St maries servant deceased, for that by a mutuall contract

      betweene the said James and Thomas, the said James had

      obliged himselfe to the said Thomas, and likewise the said

      Thomas to the said James, that their estates wch they had in

      this Province should be ioyned in one, & neither of them have

      propertie in severall & apart from the other, in the estates so

      ioined or any part thereof, vntill it should be severed againe

      vpon such termes as in the said contract was agreed; & there

      fore that neither of them without the others consent should

      have power to dispose of any part of the said estate so loined,

      either by will or otherwise, but the survivor of them was to

      enioy and retcine the whole. And he desired that this

      impedimt might be entred; & offered himselfe ready to prove

      the said allegation, whensoever he should be therevnto cited.

             Memorandum that the above named Thomas Hebden

            acknowledgeth himselfe to owe vnto Thomas Corn

            waleys Esq and one of the Counsell of this Province

            five hundred weight of tobacco, in case he shall not

            appeare (vpon monition) to prove his said allegation, or

            shall not pay to the said Thomas Cornwaleys such costs

            and damages as the said Thomas Cornwaleys shall have

            adiudged to him, in default of his said proofe

                                       Tho:   hebden

      27th october 1638.

        This day came both parties; & the said Thomas Hebden

      affirmed his allegaon, and produced for his witnesse John

      Cooke servant, who was sworne, & testified that he was pflt

      at the agrcemt betweene James Hitches & Thomas Hebden

      for partnership on the 5th of ffebr; & that afore the said

      agreemt the said James Hitches in the hearing of the deponent