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Provincial Court Proceedings, 1679. 243
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said against them the said Henry & Elizabeth as Exrs of the last Will
& testament of Nathaniel Styles [sic] deceased, but doe not expresse
by whom the letters testamentory of the testament of the said
Nathaniel was so granted, nor doe they shew forth the said letters
testamentory under the Seale of the Judge Comissary or Officer for
probate of Wills &c in this Province, whereby itt may appeare to
the Court here that the said plaintiffes are in truth Exec™ of the
last Will & testament of the said Nathaniel Styles deceased, and
right have to sue & bring the action aforesaid, and this they are
ready to verifie, & pray judgment of the Court whether they shall be
compelled to make any other or further Answer hereunto And the
plaintiffes also And hereupon the prmisses being seen & by the Jus-
tices here fully understood, itt seemeth to the Justices here that the
Declaracon of the aforesaid plaintiffes is insufficient in Law to main-
taine them the said pns to have their said action against the said
Defendts Therefore itt is considered that the said pns take nothing
by their writt but be in mercy for their false plaint And that the
Defendts goe thereof without day.
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Liber N N
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Richard Draper
agt
Wm Crosse
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This action is continued untill next Court
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Roger Baker
agt
Margart Gittings
Exx Jno Gittings
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Margarett Gittings late of Calvert County wid-
dow Exx of the last Will & testament of John
Gittings deceased was Attached to Answer unto
Roger Baker in a plea of trespas upon the case
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p. 897
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And whereupon the said Roger by Christopher
Rousby his Attorney complaineth, that whereas the said John Git-
tings in his life tyme to witt upon the third day of May One thou-
sand six hundred Seventy five by a certaine writeing of receipt under
his hand & Seale here in Court produced whose date is the day &
yeare aforesaid, did acknowledge to have received of the said Roger
Baker certaine bills in a list menconed thereunto annexed amount-
ing unto thirty Eight thousand foure hundred forty & eight pounds
of tobacco, which said tobacco he the said John did engage thereby
to doe his uttmost endeavoure to receive for the use of the said
Roger And to be accomptable for the same, & render the same
tobacco when thereunto required to the said Roger, or returne the
bills in kinde Yet nevertheles as to nine hundred & thirty pounds of
tobacco in the said list menconed, & six hundred Sixty & six pounds
of tobacco allowed by this Court for costs of suite for recovery of
the said nine hundred & thirty pounds of tobacco due from George
Robotham of Talbot County unto the said Roger, And also two
thousand two hundred pounds of tobacco part of two thousand six
hundred sixty & five pounds of tobacco in the said list menconed
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