410  Provincial Court Proceedings, 1674.




         Liber M M   cording to his said last Will that the same should be done by the
                 discretion of any two or more of his Overseers in the Said Will
             p. 413  named without Partiality from time to time as there should be Occa
                 sion and by none others if they or any two of them were then living
                 and accordingly the said Gerard alwayes was and Still is ready to
                 have partition made of the said Plantation according to the intent
                 of the said Will and this he is ready to averre and thereupon he
                 demands judgment whether partition Ought to be made betweene
                 him and the Said John and Susanna his wife of the Plantation af ore-
                 said according to the Said Statute.
                   And the aforesaid John and Susanna as to the aforesaid plea of
                 the aforesaid Gerard above in barr pleaded Say that they by anything
                 in the same plea before alleadged Ought not to be debarred from
                 haveing Partition made between them the said John Coade and
                 Susanna his wife and the said Gerard Sly of the Said Plantation
                 called Bushwood because they Say they did severall times request the
                 said Gerard that the said Plantation called Bushwood might be di
                 vided according to the appointment of the said Will in the said plea
                 alleadged and the said Gerard altogether refused the same where
                 upon the said John and Susanna Say that the said Plantation called
                 Bushwood ought to be divided according to the forme of the Statute
                 abovementioned and of this they pray the judgment of the Court.
                   Afterwards to witt the eleventh day of December in the 43th yeare
                 of the Dominion of Caecilius &c came the said John and Susanna
                 and the Said Gerard by their Attornyes likewise came and it is con
                 sidered by the Court here that the said John and Susanna have parti
                 tion of the Said Plantation called Bushwood according to the forme
                 of the Statute in that case made and provided Therefore Comand is
                 given to the Sheriff of St Maries County that takeing with him
                 twelve good and lawfull men of his Bailiwick by whom the truth of
                 the matter may the better be Knowne in his proper person he goe
                 unto the land or Plantation aforesaid with the appurtenfics and there
                 by their Oathes in the presence of the parties aforesaid by him to be
                 warned if they will be present the same land with the appurtenncs
                 except be fore excepted haveing due respect to the true value of them
                 in two equall parts he cause to be parted and One part thereof to the
                 aforesaid John Coode and Susanna his wife in right of her the said
                 Susanna and the other part to him the said Gerard Sly to hold to
                 them in Severalty he cause to be assigned and delivered So that the
                 said John and Susanna nor the said Gerard Sly have more of the
                 premisses aforesaid than unto then appertaineth to have and that
                 the said John and Susanna of their halfe part to them of the prem
                 isses aforesaid with the appurtenncs belonging and that the said
                 Gerard Sly of his half e part of the premisses aforesaid belonging
                 may be able Severally to possesse themselves, and yt Partition by
                 him distinctly and Openly So made he have before his Lopps justices