| Volume 66, Page 397 View pdf image (33K) |
Provincial Court Proceedings, 1676. 397
& Testament of Edward Gardner deceased appointed Supervisor Liber N N
or Overseer of his said Will & by his request upon his death bed to
pay all his just debts as farr as assetts & to defend his Estate from
all unjust & unreasonable demands for & in the behalf e of two Small
Orphants whom his inclination & good affections caused him make
them or One of them his executor or executrix in his said Will the
better to accomplish and performe that trust in the petitioner reposed
did petition his Honr the Chancellour for Letters of administration,
By virtue of which he did to the best of his Skill & Knowledge use
his faithfull Endeavour paying all just debts as farr as Assetts in
his hands endeavouring to defend the same from all unjust & unrea-
sonable demands notwithstanding all which care trouble & charge
he hath been at & yett is most unjustly & unreasonably troubled &
much dampnified by Thomas Bland of the said County, who sued
the said Gardner in his life time in the County Court of Ann Arun-
deli upon his promise to pay the said Thomas Blands wife then a
widdow a satisfie her for her trouble & charge in suffering 2
widdow to lye sick in her house One & twenty dayes, for which the
said Bland exhibitted into Court an accompt of One & twenty hun-
dred pounds of tobacco for phisick & Cordiall meanes, which the
justices then sitting judged unreasonable & not fitt to be allowed
being for phisick administred (as pretended) by Damoris his wife.
Whereupon the said Bland commenced an action in this Provinciall
Court against the said Hill as administrator &c & obtained judgment
against the said Gardners estate for foure hundred pounds of tobacco
with costs of suite, upon which judgment he Surreptitiously obtained
an execution for costs of suite being One thousand & forty pounds
of tobacco, to be levyed upon the Petitioners proper estate, which
being vitiously granted he humbly prayeth may be suspended & his
owne rideing horse which was by virtue thereof taken may againe
be restored. Whereupon it is granted by the Court here that a writ
of restitution be granted unto the said Richard Hill with costs.
Edward Pynn
agt
Charles James the defendants by Christopher Rousby their At-
Arthur Young torny appeare & imparle untill next Court.
agt
Edward Gibbs
Dominick Bodkin & Redmond
ffitz Gerald
agt
John ffanning
the defendants by Kenelm Chesel
Dominick Bodkin .
a dyn their Attorny appeare & imparle
g untill the next Court.
the Same
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| Volume 66, Page 397 View pdf image (33K) |
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