528        Chancery Court Proceedings, 1678.

        Liber P C  great value & to the Comp.lts unknown in And they further sett
               forth that the said John Avery dyed before he came on shore Leaving
               all his money & Goods in the possession of the Said Benj :a Granger
           P. ‘39  hee The said Avery haveing first made his will & the sd Ann Exr
               And that the sd Benj.a Granger being come home the sd Ann
               demanded of him an Acc.t of the sd Money & Goods or satisfaccon
               for the sume & to acquaint her with what other Goods or money he
               have in his Custody belonging to the said Avery which he absolutely
               denied & refused to doe & Shewing him the writeing was
               written with his owne hand of the pticuler disbursem.t5 the sd
               Avery had disbursed for Him & the Goods he had entrusted him
               with as aforesd & Coppy whereof was thereunto annexed he the
               sd Benj.a Granger knowing he had onely writt the said Acc.t by Jn'o.
               Avery's order but had not viewed the same under his hand & that
               those transaccons betweene them was done in private And that the
               said John & Anne Could not make anything plainely appeare ag.t
               him did positively deny that he had or received of the said John Avery
               any of the Goods or Sumes of Money aforesaid or any other Goods
               or money whatsoever or if he did that he had accompted for the
               Same & paid the sd John Avery for the same & that the said John &
               Ann being now intermarried & by vertue thereof in right of the
               said Ann intituled to see much Goods & money as remaines in the
               hands of the Said Bemj.a Granger of & belonging to the Estate of
               the said John Avery the better to enable them to performe the will
               of the said John Avery & pay his Just & due debts & they haveing
               received very credible informacon by severall Persons that the sd
               Benj.a Granger hath Severall Sumes of money & goods of John
               Avery's in his hands that they have often by themselves and ifriends
               requested the said Benj .a Granger to come to an Acc.t with them
               and without further Suit or trouble to deliver unto the Comp.Its
               what he hath of the sd John Averys in his hands he hath & abso-
               lutely denied & refused to doe the same contrary to equity & good
               Conscience to an apparent breach of trust being by the said ffather in
               Law entrusted entrusted as aforesd & to the great hindrance of the
               Execucon of the sd Deced Last will & Testam.t Therefore & for as
               much as the Complts have no meanes at & by the strict Rules of the
               Comon Law to enforce a discovery of such Clandestine frauds &
               transaccons & trusts as aforesaid the Comp.lt not being able to make
               such proofe of the Perticuler goods & sumes of money to him deliv-
               ered by the said John Avery & intrusted with him as the Law requires
               and the witnesses that should prove the pticuler paym.ts of the
               Severall Sumes of money by the said John Avery Laid out & ex-
               pended for him & menconed in the Schedule to the sd Bill of Comp.lt
               annexed are in remote parts in England or elsewhere out of the