| 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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