Volume 70, Page 154 View pdf image (33K) |
154 Provincial Court Proceedings, 1681/1682. Liber W. C. Symon Edwards & Susanna his wife Memorandum the fourth p. 523 & Jno Gyatt & Alice his wife late wife day of October in ye sixth of Samuel Graves decd. Executrixes yeare of the Dominion of of Demetrius Cartwright deceased Charles absolute Lord and agt Propry of this Province Att Kenelm Cheseldyn gentt a Provinciall Court held at the Citty of st Maryes for the said Right honoble Lord Propry Came here into Court Symon Edwards and susanna his wife & John Gyatt and Alice his wife late wife of Samuel Graves decd Executrixes of the Last will and Testament of Demetrius Cartwright late of Calvert County Inn- holder deed by Charles Boteler their Attorney & Exhibitt their cer tame bill of Complaint against Kenelm Cheseldyn gentt. one of the Attorneys of this Court here prsent in Court of a plea that he Render unto them the Sume of Two thousand foure hundred pounds of good sound Marchantable Leafe tobacco in Caske to them he oweth & unjustly doth detaine And Whereupon the said Simon and Susanna his wife & the said John & Alice his wife by Charles Boteler their Attorney say That whereas the said Kenelm Cheseldyn upon the five and Twentyeth day of May in the yeare of Our Lord God 1672 By his certaine bill Obligatory sealed with the seale of him the said Kenelm and here in Court Produced whose date is the day and yeare first above written did owe & was indebted unto Demetrius Cartwright afore said the full and Just sume of Two thousand foure hundred pounds of good sound Marchantable Leafe Tobacco in Caske to be payd at some convenient place in Petuxent River upon Demand unto him the said Demetrius Cartwright his heires Executors Admrs or Assignes To the wch payment well and truely to be made the said Kenelm Cheseldyn did binde himself by his heires Executors and Admrs firmely by those presents Neverthelesse the said Kenelm Cheseldyn the said sume of Two thousand fniire hundred pounds of tobacco though often thereunto required unto the said Demetrius Cartwright in his life time hath not payd Nor unto the said Symon Edwards and susanna his wife Nor unto the said samuel Graves nor Alice his wife in the life time of the said samuel Nor unto the said Alice after the death of the said samuel whilst she was sole Nor unto the said John Gyatt and Alice his wife since their Nuptialls Nor unto any or Either of them. To wch said susanna and Alice ye Execution of the Testament aforesaid by the honoble the Judge for Probate of wills and Testaments and granting Adminis tracons within this Province hath beene Comitted But the said Two thousand foure hundred pounds of Tobacco hitherto to pay hath denyed and still doth denye Whereupon the said symon and susanna and the said John & Alice say they are Damnified & have Losse to the vallue of three thousand pounds of tobacco And there upon they bring their suite, And that it may appeare to the Court |
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Volume 70, Page 154 View pdf image (33K) |
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