| Volume 51, Page 455 View pdf image (33K) |
Chancery Court Proceedings, 1675455
the Will mentioned & Bequeathed to her the Said Ann & Deliver Liber P C
the Same quietly and peacebly to the Compits and uppon paymt of
the Said Sume of tob and delivery of the Stock of Hoggs & catle &
goods & plantacon and prmisses aforesaid the Said Bond of 80000 ls p.72
tob to be Delivred upp to be Cancelled and the Said Defts for their
doeing herein are for ever hereafter Saved harmless & indempnified
by this prsent decree. 2d Aprill 1675
Lett this decree be Inrolled
This Decree is according Charles Calvert
to ye pties p.lts & defts consent in
their Bill & answr now uppon
Record
Ro: Carvile
Kenelme Cheseldyne
In Chancery May the gth 1675
Walter Hall & others Credito :rs & Legatees of John
Reynolds decd Corn :lts W.m Clawe the Surviving Exec :r
of the said Reynolds defend :t
This cause coming the prsent day to be heard upon Bill & Answers
in the prsence of the Attorneys on both sides, the Corn :lts by their
Bill setting forth That the said John Reynolds did dye seized of a
certaine Tract of land called fPesh Pond Neck in the pleadings
menconed having first made his Will & therein & thereby Willed all
his just debts should be paid And after the same paid he gave
severall Legacyes to the Comp :lts the Legatees to be paid within a
Yeare after the Sale of the said lands & prmises And of the said
Will he made the Def :t & one Jo.n Smallpeece Exec :rs After whose
death the said Exec :rs haveing proved the said Will & possessed the
said reall & psonall Estate of Reynolds sufficient to pay the Comp :lts
their debts & Legacyes aforesaid And the said Smallpeece being
since dead, the said Defend.t As Surviving Exec :r is wholly possessed
of the prmises, but refuses to pay the comp :lts said debts & Legacyes
prtending he hath not Assetts of the psonall Estate to doe the same
Whereupon the said Comp :1t6 desired him to sell the land to pay &
discharge the same according to the true Intencon of the said Testato.r
but he refused so to doe, prtending he hath not by the Will sufficient
authority to sell the same Therefore to have the said Def :t Im
powered to Sell the same And that the Comp :Its the Credito :rs &
other the Cred.rs of the said Testator may be paid their just debts
And after the same paid the Comp :lts the Legatees may be paid their
Legacyes so farre as the same will amount to satisfie & pay the same
is the Scope of the Comp lts Bill And the Def :t by Answer Setting
fourth That he did after the death of the said Testator and the
other Exec :r Smallpeece possesse himself e of the said Testato.rs
psonall Estate & did Exhibit to the Judge for probate of Wills &
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| Volume 51, Page 455 View pdf image (33K) |
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