178 Provincial Court Proceedings, 1658.

Liber
P. C. R.
Cole v. Gills'
Estate

To the hon^ble the Gouerno^r & Councell

The humble Petⁿ of James Langworth Attorney of Robert Cole
Humbly Sheweth

That whereas M^r Beniamin Gill, late of this prouince Deceased,
hath formerly obteyned an Order for an Extent agst the Land of
M^r James Neale in Consideraon of 16000^l of Tob & Cask, or
thereabouts, being payd by the fores^d Gill, for the use of M^r Neale
as will appeare uppon Record. His humble request is That yo^r
hon^rs will graunt the Admistrato^r the Benefitt of that Order Soe
th^t he may bee in a Capacity of receauing the Tob due from the
s^d Neale, to the deceased or his heyres & he shall pray &c :
Referred to the next Prouinciall Court.

To the hon^ble the Gou^r & Councell &c :

Eltonhead v.
Anketill

The humble Petⁿ of Jane Eltonhead Sheweth

That yo^r Pet^rs late husband Will^m Eltonhead Esq^r being in the late
troubles sentenced to Death, by the p^ety then in opposition to his L^ps

Vid.
Anderton's
deposⁿ infra
fol. 137

Gouerm^t did some time before his death call unto John Anderton
Gentⁿ & w^th intent to make his last will & Testam^t, Did say unto him
the s^d Anderton, That he left all his Lands, w^th all his other goods &
Chatties to her disposing, for the good of her, & her Children, &
desyred her to allow unto Robert ffenwick & Richard ffenwick some
part of the Lands, according to her discretion, as by the Oath of the
s^d Anderton uppon Record appeareth, Now soe it is th^t yo^r Pet^r in
her distressed Condicon, being desyrous to secure her selfe of the s^d
Estate humbly prays, That this hon^ble Court will according to Equity
Consider of the s^d Nuncupatiue Will, & decree th^t the s^d Lands, may
by the s^d Will passe unto her, to be disposed of, according to the
directions therein conteyned, as well as the goods & Chatties w^ch by
the s^d Will are undoubtedly uested in her And yo^r Pet^r shall pray &c :
Whereuppon the Court in Equity, Considered the strict impris-
onm^t, wherein the s^d Will^m Eltonhead was deteyned before his death,
& att the time of his making the s^d Will & the impossibility of
obteyning pen, inke or paper to make a formall Will, as in Law is
requyred for the passing of Lands by Testam^t by reason of the
strieght & unlawfull imprisonm^t of the Testato^e And decree That
the s^d Jane Eltonhead shall possesse the s^d Land, in as full, free, &
large Estate as if the s^d Will^m had conceaued his Will in writing,
And declare that all the heyres att Law of the s^d Will^m, are for euer
barred all Claime to the s^d Lands, as heyres to the s^d Will^m.

p. 136

Calu^et County. Command Jane Eltonhead of Caluert County,
That shee hould plea to ffrancis Anketill of the s^d County, of a
parcell of Land, commoly called Anketills neck, Bownded w^th Two
Creeks & the path, that leads from her the s^d Eltonheads howse unto