Volume 51, Page 560 View pdf image (33K) |
560 Chancery Court Proceedings, 1679. Liber P C Vincent, The relict of the said Vincent renounceing her right of Admcon procure Letters of admcom of the goods and Chattells of the said Vincent to bee to him comitted, by the Honolble the Judge for probate of Wills and granting of admcons and thereby posessed him- self e of soe much of the said Vincents personall estate as hee could get unto his custody in trust for payment of Debts, the remaindr if any bee to the use of the orphants of the said Vincent and Hannah, and hee did alsoe as Guardian of the said Robert take into his custody the said Robert and his estate, left him as heire to the said Hannah as aforesaid, and this Defendt Did out of the said psonall Estate detaine Soe much thereof as would Satisfie his Owne Debt being by bill and Accompt foure thousand seaven hundred and p. 168 Eleaven pounds of tobacco And paid seaverall Other Debts, and was willing to have paid all the debts of the said Vincents soe farr as the said estate would amount to satisfie, and thereof rendered a just accompt to the said Judge Whereupon the said Complt wanting a Conveyance of the premisses, and it may bee imagineing to Re- emburse himselfe what hee had paid the said Vincent in his life time in part of the said purchase, Did take out a Writt of Capias agt this Defendt Samll as admr of the said Vincent upon the said bond of twenty thousand pounds of tobacco condiconed as aforesaid, intend- ing to lay the whole penalty of the said bond upon the personall estate of the said Vincent and soe have Debarred this Defendt and all other the Creditrs as much as in him lay from haveing or receive- ing any manner of satisfaccän for theire Just and due debts, and obtained Judgment thereupon by Default for twenty thousand pounds of tobacco besides costs of suite, and it may bee true the said Corn- playnant Did sue out a Writt of fieri facias thereupon to the sheriffe of Kent County Directed to leavye the said debt and costs upon the personall estate of the said Vincent in this Defendts hands, and that the sheriffe might make full returne as in the bill And afterwards to witt upon The eight and twentieth day of June now last past the said Complt did Alsoe Cite this Defendant to the said Judge to render an Accompt of his admcon where this Defendant appeared accord- ingly at the house of the Said Comissary at st Maryes and Did then and there Exhibitt a just and true accompt of his admcon To wch this Defendts said Accompt the said Complaynant put in excepcons To the substance and effect in the said bill menconed, and the said Judge hearing the said Excepcons and the said accompt and the allegacons of the procurators of both sides was of opinion and gave Judgment that the Complaynts said exceptions Ought not to bee allowed because they were against reall debts for a Valluable con- sideracon, and the Complaynants supposed debt was onely a bond for pformance of Covenants, or to that effect as by the said Judges ordr may more fully appeare, and soe left the Complaynant to his Remedy elsewhere to recover the posession of the land from the heire |
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Volume 51, Page 560 View pdf image (33K) |
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