Chancery Court Proceedings, 1679.  543

    solely proved the said will and Exhibitted an Inventory of the per- Liber P C
    sonall estate w :ch amounted to Eight hundred pounds of Tobacco
    and this Defendant was allwayes ready and willing to satisfie and
    pay all the Just debts of the said decd soe farr as the same personall
    estate would amount unto, but he said that the said psonall Estate
    would not satisfie all the said Complts Debts and the Defendants
    Debt alsoe, for he saith he paid for funerall Charges Eight hundred
    pounds of tobacco for Letters Testamentary six hundred pounds of
    tobacco, for the Charges of the Executorshipp and passing his
    accompt one thousand pounds of tobacco, and a Debt due to George
    Barber gent and paid by the defendant p bill foure hundred pounds
    of tobacco, which with the said pits debts and this Defend.t Robert
    Proctors Debt in the bill menconed amounts in the whole to the
    sume of fourteene thousand eight hundred and five pounds of
    tobacco, and the Defendt sayed bee did know it to be true that the
    said Joseph Moorely did really intend by his said will to have given
    the said Land to this Defendant and the said John Gater and their
    heyres for ever in an absolute estate of Inheritance in f ee simple
    and did declare himself e by word of mouth to the same purpose, But
    the ignorance of the Clarke that drew the said will the words [and p. 152
    their heyres for ever] were left out and omitted and that this De-
    fendant and the said John Gater were advised by their Councell that
    as the said will was penned they were but Tennants for life of and
    in the premisses for want of the words [and their heyres for ever] for
    in equity otherwise in trust for the paym.t of the said Moorelys Debts
    and that in strictness of Lawe after their decease the Lands would
    descend to the next heyre att Lawe or for want of such heyre the
    same would escheatt to his Lordpp, whereupon this defendant and
    the said John Gater being assured that the said Joseph Moorely
    dyed leaveing no heyres and soe the interest of the premisses would
    escheat to his Lordpp after their decease, The said Defendant did
    apply himselfe to his Lordpp by his humble peticOn that his
    Lordpp would be pleased to grant yo.r peticonr and the said John
    Gater a Pattent of Confirmacon of and for the said Lands the better
    to enable them to per forme the said trust and pay the said Testators
    debts, And thereupon his said Lopp upon reading of the said peticon
    and Will of the said Joseph Moorely was very well satisfied in the
    intencon of the said Joseph Moorely to give the said Lands absolutely
    to the said Defendant and the said John Gater for the paym.t of
    his debts and declared that his Lordpp was willing to grant to them
    what right or title should devolve upon his Lordpp for want of heyres
    of the said Joseph Moorely but sayed the securest way was for the
    Creditors to Exhibitt their bill in equity and to have the said Lands
    decreed to them and their heyres for ever, and the said defendant
    sayed soe as the Land and premisses might be absolutely Decreed
    to this Defendant and the said Jno Gater and their heyres for ever