Proceedings of the Council of Maryland, 1751. 515

William Gumming Esq^r of Council with James Burne on
behalf of Solomon Jones's Orphans exhibits to this Board the
following Reasons for the Reversal of a Judgment of the Jus-
tices of S^t Marys County Court, Copy of which Judgment was
preferred to this Board on the 29^th of May last.

Lib. C. B.

James Burne on behalf of

Solomon Jones Orphans | Before the Governor and Council
at suit

William Jones

Reasons for the Reversal of a Judgment given in favour
of the Plaintiff in S^t Marys County Court

I^st That Solomon Jones the Father of these Orphans by his
Will in writing duly Executed gave the Tuition and Guardian-
ship of three Children to his wife Catherine Jones and some
time thereafter departed this Lite.
2^d That Catherine Jones the Wife of the said Solomon and
Mother of the said Children by her Will in writing duly Exe-
cuted gave and left the Tuition and Guardianship of the said
Children to her two Brothers James and Dennis Burne, which
said Dennis is Since dead
3^d That Sundry People well and intimately acquainted with
the above named Solomon Jones and William Jones upon
Oath declare that they at Sundry times have heard the said

Solomon Jones as well in his last Sickness at the making his last
Will & Testament as at other times Say, his Brother William
Jones should never have the care or Management of, or any
thing to do with his Children there having been for Several
years a Violent and Strong Enmity Variance and Law Suits
depending and Subsisting between the said Solomon and the
said William Jones
But though the Matters did Appear as aforesaid before the
Justices of S^t Marys County yet they ordered the Care and
Tuition of the aforesaid three Children to the said William
Jones their Uncle from which Order your Petitioner hath
Appealed to your Excellency and Honours and humbly Prays
that the said William Jones may have a Short day to Answer
the same And that the Order made by the said Justices may
be Reversed
And Your Petitioners shall ever Pray &c.
William Cumming

Which Reasons being read and upon hearing the Argu-
ments of the Council and upon mature Deliberation thereupon
had It is by this Board ordered and adjudged that the
Judgment given in the aforesaid Cause by the Justices of

p. 448