Provincial Court Proceedings, 1674.  409




      John Coode and ux                        Liber M M
        agt
      Gerard Slye
        Gerard Slye late of St Maries County Gent was SumOned to
      answer unto John Coode and Susanna his wife in a plea that whereas
      they the said John and Susanna in right of her the said Susanna and
      for terme of her natural life and the aforesaid Gerard doe hold to
      gether and undevided One tract of Land or Plantation in St Maries
      County called Bushwood with the appurtennces he the Said Gerard
      that Partition may be made thereof betweene them according to the
      forme of the Statute in that case published and Provided doth deny
      and the same most unjustly permitt not to be done against the forme
      of the Statute &c.
        And whereupon the Said John and Susanna by Kenelm Cheseldyn
      their Attorny Saith that whereas they the said John and Susanna in
      right of her the Said Susanna and the aforesaid Gerard together
      and individually doe hold the Said Tract of land or Plantation called
      Bushwood in St Maries County aforesaid whereof unto them the
      Said John and Susanna in right of her the said Susanna it belongeth
      to have by devise of the last will and Testament of Robert Sly late
      of St Maries County Gent deceased late husband of the said Susanna
      for terme of her naturall life One part of the said Plantation called
      Bushwood with the appurtenncs in two parts equally to be divided
      the dwelling house of the Said Plantation excepted devised to her
      the Said Susanna in Severalty for the same terme and unto the
      aforesaid Gerard and his heirs by the same devise it appurteines to
      have the other part residue of the Said Plantation in two parts as
      aforesaid to be devised and after the decease of the Said Susanna
      the whole tract of Land or plantation aforesaid with the appurtenncs
      to descend to him the Said Gerard and his heirs So that the Said
      John and Susanna of their part of the said tract of land with the
      appurtenncs to them thereof belonging and the aforesaid Gerard of
      his part of the Said tract of land with the appurtenñcs to him thereof
      belonging may be able Severally to apart themselves he the said
      Gerard Partition thereof to be made and provided doth deny and the
      same most unjustly permitt not to be done against the forme of the
      Statute aforesaid whereupon the Said John and Susanna Say they
      and dampnified and have losse to the Value of thirty thousand pounds
      of tobacco and thereupon they bring their Suite
        And the Said Gerard by Robert Carvile his Attorny cometh and
      defendeth the force and injury when &c and Saith That partition
      betweene him and the said John and Susanna his wife of the Planta
      tion called Bushwood ought not to be made according to the forme
      of the Statute in the declaration mentioned for that he Saith that the
      Said Robert Sly by his Said last will and Testament did will that
      when there should happen any division to be made of his estate ac