Acts. 287

Whereupon an Act past in favour of the said Renatus Smyth
Empowering and authorizeing him to sell and dispose of so much of
the Land whereof the said Robert Smith dyed possessed whether
devised by his will or not as would pay and discharge the Debts
Remaining due from the Testators Estate and Satisfied the said
Renatus Smyth what he had payd on account of the deced more than
Effects Came to his hands To which use the said Renatus Smyth was
Obliged to Apply the purchase mony of the Lands he should sell and
to no Other use whatsoever and make or Cause to be made to any
purchasers of such lands & their heirs a good sure Indefeazable Estate
of Inheritance in fee Simple any Law Statute or Custome to the
Contrary Notwithstanding But for that the said Renatus Smith in
his life time did Only dispose of a small Inconsiderable part of the
said Robert Smiths Estate to the Value of Seventy four thousand
pounds of Tobacco and five pounds Currant mony which Tobacco

Liber LL, 4
Acts

being Valued at Ten Shillings p hundred There is a Ballance of
Seven hundred and thirty four pounds nineteen Shillings and Six
pence with Interest thereon due Out of the said Eleven hundred and
nine pounds nineteen shillings and Six pence to the said Richard
Cole and Mary his wife the daughter and heir of the said Renatus
Smith And for that the s^d Rich^d Cole and his wife Mary are Since
become bound to Severall people on Account of the said Robert
Smith his debts and likewise lyable to be sued for the Bonds and
Bills the said Renatus Smith in his life time past for payment of his
Brothers Creditors, Over and above the Ammount of the said Robert
Smith his personall Estate which since they have paid and under-
taken to pay And whereas by the former Act the said Renatus Smith
was Only empowered to sell and dispose of so much of the Lands
whereof the said Robert Smith dyed Possessed whether devised by
his will or Otherwise Without Empowering him his heirs &c
Whereof the said Richard Cole and his Wife are advised they Can
recover Nothing by Virtue of that Act The said Richard Cole and
Mary his wife pray that Commissioners may be nominated and
appointed to sell any of the Lands whereof the said Robert Smith
dyed possessed whether devised or not as well to Satisfie and pay
unto them the sume of seven hundred and thirty four pounds nine-
teen shillings and Six pence the Ballance due to them Out of the
Eleven hundred and nine pounds nineteen Shillings and six pence
aforesaid to discharge the Bonds and Bills the said Renatus Smith
past in his life time and the Judgments against him Recovered for
the said Robert Smyth his Debts which being thought reasonable by
this present Generall Assembly its humbly pray'd that it may be
Enacted And Be it Enacted by his Lordship the Lord Prop^ry by and
with the advise and Consent of his Lordships Governour and Upper
and Lower houses of this present Assembly and the Authority of the
same That William Clayton of Talbot County and James Earle and

p. 513