458        Chancery Court Proceedings, 1675.

        Liber P C  tions to severall particulars Therefore recomends the said Acc.t to
               the judgment of the judge in Testamentary business to rectifie the
               same as to his Honr seems meet and agreeable to Equity And there-'
               fore the said judge did take into his hands the acc° of the said Luke
               and after mature consideration thereof and the exceptions to the same
               made caused the same to be rectified in many particulars not men-
               tioned in the exceptions of the said Robert and upon the 14th of
               February 1673 called the said Executor To make Oath to the par-
               ticulars of his Own accompt that stood allowed by the said judge,
               which the said Executor not being able to doe in comon forme but
               only in the Speciall Manner as at the foot of the acco as annexed
               The said judge declared that in regard the said Luke Gardner never
               tooke Out Letters Testamentary upon probate of the Will of the
               said Robert Cole deceased never tooke the Oath of Executor to
               make a true accompt nor never made Inventory or appraisement of
               the Goods Chattells rights and creditts of the said deceased, nor hath
               Kept Such an accompt of his administracon of the goods Chattells
               rights and Creditts of the said Robert deceased as he does absolutely
               sweare to as an executor Ought to doe The said Luke hath lost all
               benefitt or advantage of an Executor and is punishable at the discre-
               tion of the judge here. But forasmuch as it appeares he hath im-
               proved the stock of Cattle and hoggs to a greater number then
               Robert Cole left at his departure for England and raised a Stock
               of horses for the Orphants where the Testator left none The said
               judge doth Order That the Orphants of Robert Cole deceased shall
               receive the household goods in the Condition they are in the Cattle
               and hoggs as they are shared to them and the horses to be divided
               amongst them after the said Luke Gardner hath chosen One mare
           p. 75   and foale by her side which the judge Testamentary doth hereby
               Order him as the Only reward of his paines and care taken in
               manageing the said Estate And doth further Order him to deteine
               Out of the Cropp of tobacco now made the ballance of the accompt
               as it stands rectified and allowed by the said judge vizt eleven hun-
               dred eighty three pounds of tobacco together with two thousand
               five hundred fifty three pounds of tobacco for itinerant charges in
               twelve years time expended by the said Executor
                Which being read & heard it is this day to wit the thirteenth day
               of October in the 43th yeare of his Lopps Dominion &c Annoq
               Dom. 1674 considered by the Court here that execution be granted
               according to the abovesaid Order.

                Ccaeilius &c To the Sheriff of Somersett County sendeth Greetings
               Whereas upon the nineteenth day of January 1663 a conditionall
               warrant for One thousand acres of land issued from the Lieutenant
               Genl unto George Naseworthy of Nansemond in James River in