Volume 20, Page 356 View pdf image (33K) |
356 Proceeding-s of the Council of Maryland, 1694 97.
Lib. H. D. the Oath of an Admr was render'd vncapable thereof and by his consent the said Lingan the other Attorney had Letters of Admrcon granted to him to the vses aforesd and the sd Crau fords Admrcon therevpon Revoked & Ordered to Render an Acot of his Admrcon to Mr Lingan the present Admr And pur suant thereto the sd Lingan exhibitted a Libell in the Commis saries Office against the Crauford setting forth that Crauford had by Virtue of the former Letters of Admrcon possessed him self of the whole Estate, and the better to colour his detaining the same, he had perswaded Richard Harrison for to take his P. 235 own Obligation for the paymt of 6601 sterl due to the said Harrison from the sd Estate, to be paid in three years time, and in like manner dealt with some other of the Chief Creditors telling them the Estate was much indebted in Eng. land and that there would Debts of a higher nature appear, therefore would not run the hazard of paying any thing other wise than he had proposed; the said suggestion being vtterly false, that he could run any hazard having at that time in his hands, Effects in Debts, Mortgages Negros', Servants & Cat- tell &ca to the Value of above 20001 sterl Wherevpon such Proceedings were made in the Commissaries Office that after an Answer to the said Libell put in, and a Replication & Rejoynder thereon, the Commissary vpon a full hearing of the matter on both sides did sentence & decree that the said Crauford should Restore into the possession of the Libellant, the Negro's, Servants, Cattell &ca And that the Libellant should see the sd Crauford discharged & fully released from his Bond given to Richard Harrison for the paymt of 660 l sterl & in short to reinburse all Chargeshe had been out or what Debts he had actually paid, in which the Sd Estate was really indebted & incumber'd with however the sd Crau ford not resting contented with such a sentence, finding the same would totally dispossess him of all, and so he miss of his Aim in Enriching himself thereby, gave him occasion to Appeal there from, and accordingly moved his Excell in Councill to consti tute a Court of Delegates for to Examin the sd sentence &Ca to which end & purpose a Commission issued Empowering the Delegates therein nominated to Command the whole pro ceedings before them & vpon their fully hearing the same, to give Sentence accordingly; that the said Court vpon hearing the matter did adjudge tht the Agreemt by the James Crau ford (former Admr) Entred into for paymt of the aforemen tioned Suffle of 660 l sterl to Richard Harrison principall Creditor was sufficient discharge to the Estate of the sd John Abington decd for so much, and for that Reason did adjudge that part of the sentence void whereby the sd Article was dis ollowed. Wherevpon the sd Crauford detaining all in his
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Volume 20, Page 356 View pdf image (33K) |
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