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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 441   View pdf image (33K)
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MARYLAND COURT OF APPEALS 441

Said Account Examined and Adjusted by the Judge appointed for that Time
being for Probat of Wills etc. Did Distribute and Dispose as by the Said
Judge was Limitted and appointed to Witt at Annarundell County afd And
Did at all Times the perfecting the Writeing afd Clearly Acquitt Discharge
and Save harmless her Said Majesty her Judges and all other her officers and
Ministers from all persons having or pretending to have any Right Title or
Interest of in and to the Said Goods Chatties and Credits To Witt at Ann-
arundell [641] County afd and the Said Henry Ennalls further Saith that
the Said Hugh Eccleston Exr as afd always after the makeing the Writeing afd
hath well and truly fullfilled performed and keept all and Singular the Ar-
ticles Clauses and Covenants in the Condition of that writeing Specifyed To
Witt at Annarundell County afd and this he is ready to Verifye And there-
fore the Said Henry Ennalls prays Judgment if the Said Attorney Generall
his Action afa against him to have or Mantain Ought etc.

And the Said Attorney General Saith that he by reason of any thing
above alledged from having or Mantaining the Action afd for the Said Lord
the King Ought not to be Barred because protesting that the Said Hugh
Eccleston Executor afd Did not Exhibit a true and perfect Inventory of the
Goods and Chatties of the Said Hugh Eccleston the Testator into the office
for Probat of Wills According to the form and Effect of the Conditions of
the Same Writtings and protesting that the Said Hugh the Executor Wasted
the Goods and Chatties which were of the Said Testator and Likewise pro-
testing that the Said Hugh the Executor hath fullfilled performed or keept
all or any of the Articles Clauses and Covenants in the Condition of the Said
Writeing Specifyed For Replication the Said Attorney Generall Saith that
the Said Hugh Eccleston Exr afd Did not make any Account of and upon his
Said Administration within Twelve Months from the Time of his Admit-
tance to the Said Administration or at any Time before or after And this the
Said Attorney Generall prays may be Enquired off by the Countrey. And
the afa Henry Ennalls Saith that the plea afd by Replication pleaded And the
Matters therein Contained are not Sufficient in Law the Said Attorney Gen-
erall for the Said Lord the King his Action afd Against him the Said Henry
Ennalls to have or mantain to which Said Replication the afd Henry Ennalls
hath no need nor by the Land is any Wise obligded to answer and this he is
ready to Verifye Wherefore for Want of a Sufficient Replication in this part
the Same Henry Ennalls prays Judgment And that the afd attorney Generall
for the Said Lord the King from having his Action afd against him the Said
Henry Ennalls be precluded And for Causes of Demurrer According to the
form of the Statute in Such Cases provided he Sheweth to the Court here
these words following Vizt.

1st For that the Said Replication Concludes to the Countrey whereas
it Should have Concluded with a Verification.

2dly por ,-ha,. the Sai(j Repiicat;ion fs Double in this that it Says the Said


 

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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 441   View pdf image (33K)
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