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Proceedings of the Court of Chancery, 1669-1679
Volume 51, Page 542   View pdf image (33K)
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             542        Chancery Court Proceedings, 1679.

       Liber P C  of his debts could not be by them sold for the raising of Tobacco
              for paym.t thereof by reason of some defect in the penning of the
              said Will, because the will did not say that he devised all his reall
              estate to the said Defendants and their heyres for ever, and for
              want of the words (and their heyres forever) the said Defend.ts
              were (in strictness of Law) but Tennants for life of and to the
              premisses the Revercon expectant upon their deaths being discendible
              to the next heyres att Law of the said Joseph Moorely and in case
              of noe such heyres the same were (after their deaths) escheatable to
              his Right Honble the Lord Propry for want of such heyres: Whereas
              in truth it was apparent by words of the said will that the said reall
              and personall estate should goe to the paym.t of his Debts which could
              noe otherwise bee thru by sale of the said Lands, And the sale
              would not be good unless they had an Inheritance in the same in
              fee simple and that the intencon of the said deceased Joseph Moorely
              was to have the same devised to his Exrs aforesaid in fee simple
              and yett the said Exrs were ready and willing to pay and satisfie the
              ptts said Debts Provided he might by the decree of this Court be
              enabled to make a good sale of the premises therefore that the said
          p. 151  Defend.ts might by the Decree of this Court be impowered and
              enabled to sell and dispose of the Lands and premisses aforesaid
              to such person or persons as they shall thinke fitt and to enable
              them thereunto that the said Lands and premisses might be to them
              Decreed to hold to them and their heyres for ever against all persons
              whatsoever respect had to the title of the said Willm Roppier to
              one hundred acres of the said Land by the assignm.t aforesaid and
              that out of the ffee thereof or otherwise if they shall thinke fitt
              to keep the same the plts may bee by them satisfied their Just debts as
              aforesaid and that the Complts might bee releived in equity they
              humbly craved the ayd and assistance of this Honble Court and that
              pcesse of Supcena might bee thereout awarded against the said
              Defendants to appeare in the said Court and Answere the premisses
              the w :ch being granted and the said Defendant Robert Proctor there-
              with served bee appeared accordingly and answered the said bill
              And thereby did sett forth that the said Moorely was seized of the
              said Lands and made such assignment four hundred acres to Roppier
              as by the bill is sett forth, And being so seized and being indebted to
              divers persons and pticularly to the Complts and to the Defend.t
              Proctor in the severall sumes in the bill mentioned and haveing an
              honest intencon to pay his debts did about the time in the bill men-
              toned make his Will in writeing in such manner and forme as in
              the bill menconed and shortly after dyed By Vertue of which will
              the Defendant Robert Proctor one of the Ex.r entred into and pos-
              sessed himselfe of all and singular the reall and personall estate of
              the said Joseph Moorely and pticulerly of the Lands in question and

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Proceedings of the Court of Chancery, 1669-1679
Volume 51, Page 542   View pdf image (33K)
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