Chancery Court Proceedings, 1678.  529

    Jurisdiccon of this province & noe other ways to be releived in the Liber P C
    prmisses touching the discovery of the prmisses aforesaid Save in this

    honoble Court And for discovery of the truth of the prmisses they
    humbly craved the Aid & Assistance of this Honrble Cort and that
    pces of Subp.a might be thereout awarded ag.t the said Def.t for
    him to appeare to answer the sd Bill To which Bill of the sd Comp.lts
    the sd Def.t appeared & putt in his answre thereunto & did thereby
    sett forth that he marryed the onely daughter of the sd John Avery
    deced And that the said John Avery haveing before his death bin
    about out of England ffifteen or sixteen yeares & had one Son
    named John Avery whom he left in England to be brotd up with
    James Avery his brother And the said John Avery the Son & Brother
    to Ann the def.ts wife in the yeare One thousand Six hundred
    Seaventy & five writt to this deft & advised him that his unkle
    James had a desire to see this Def.ts wife whereupon this def.t
    agrccd with & paid Cap.t Walter Sca3wifc for hi3 wifes pas.sage &
    Sent her home to her said TJnckle that the next yeare after the said
    John Avery the Son desirous to See his ffather tooke his Passage
    to come into this province but dyed at Sea And that John Avery the
    ffather heareing thereof & of the death of James Avery his Brother
    in England And that the said James had left the said John Avery
    the Son ffive hundred pounds Sterl & two thirds of his household
    goods the sd John Avery the ffather ffinding & aforegoeing the
    news to be true made an Agreem.t with this Def.t to goe together
    that prsent yeare for England in Cap.t Wheelers to looke after
    the business & to Share what was left as aforesd equally betweene
    them lett the right belong to which of them it Should After which
    The Said John Avery & this Deft went for England together in p. 140
    Cap.t Wheelers Shipe where they were advised that the Estate being
    onely Personall belonging to the said John who forthwith ad-
    ministered thereon And being arrested & impounded for the Legacy
    & goods aforesaid for which the said John Avery recevd two hun-
    dred pounds Sterl ready downe & three bonds of one hundred
    pounds Sterl apeice for money due out of the Excheqr And that the
    Sam John Avery doubtd after he had Compounded for his debts in
    England & paid Attorneys ffees had remainening Sixty pounds
    ready money & two hundred in the Excheqr which he Laid out in
    Linnen woollen & other necessaries & paid for the passage of him-
    selfe & one servt maid And this Deft further Shewed that the said
    John Avery desired this def.t & his wife to returne with him for
    Maryland and that he this deft should not onely have halfe but all
    that he had when he dyed And thereupon the said John Avery gave
    this defts wife money to buy what she had occasion for but how
    much this def.t Denys that he knows and that the John Avery
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