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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 67   View pdf image (33K)
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TOWNSHEND v. DUNCAN.—2 BLAND. 67

account was to be stated in a particular way, 1'or the Chancellor to
give special directions to the master, to the commissioners, or to

of the ruin cargo, to the amount of £96 17s. 2d. £27 15s. 5d.—3,732 pounds
tobacco—£1,367 7s. 114d. gold—£815 19s. Id. sterling—£2.502 11s. 0 1/4d. paper
money; including the interest referred to your Excellency's consideration,
as by the said account marked A, hereunto annexed, may also appear; and
also are chargeable with several articles, to the amount of the sum of
£1,198 10s. 3d. which are to be returned in kind, as by the said account
marked A, appears; and also are chargeable for sundry debts due on the
batcher's book, which is also included in the said account marked A, as by
the account marked B, will appear.—And that they, the said Edward Fottrell
and Achsa his wife, have paid sundry debts due from the said Woodward to
sundry persons, which, we apprehend, ought to be deducted out of the total
amount of the account marked A, amounting to 2,246 pounds tobacco—
£1,132 2s. 0d. gold—£298 18s. 3d. sterling, as by the account marked C,
hereunto annexed, may appear.

"And we further certify, that there are sundry debts, that appear to be
due from sundry persons to the said Amos Woodward, as well on his ledger,
as on his butcher's book, amounting in the whole to the sum of 600 pounds
tobacco—1.565 pounds tobacco—£780 7s. 3M. gold—£383 11s. 8|d. sterling,
and £78 6s. 5id. paper money, as by the accounts marked D and E, here-
unto annexed, may also appear; but does_not appear to us to have been re-
ceived either by the said Fottrell or his wife. All which is humbly sub-
mitted to your Excellency, by Thomas Worthington, John Brice, Nicholas
Maccubbin, John Bullen. '

At December Court, 1746, the defendant Gale being dead, and the case as
to him being abated, the defendant Chapman filed the following exceptions
to the said report. First. That since the order for publication of the examina-
nations and proceedings of the said commissioners it appears, that a certain
John Lomas, and the aforesaid Edward Dorsey, were respectively examined,
and have deposed to interrogatories filed on behalf of the complainants in
the above cause; and for that this exceptant had not any notice of the time
and place of such intended examination, previous thereto, as according to
the use and practice of this Court, in like cases, he ought to have had; he
humbly hopes the said depositions, or any of them, shall not be read, or
made use of; but shall be wholly and entirely suppressed. Second. That
it appears by the complainants' bill, and admitted by this defendant's
answer, that Amos Woodward, the complainants' father, died about the
16th day of March, 1734; and although it is denied by this exceptant's
answer, that there was any crop, either of tobacco, corn, or any other grain,
or crop whatsoever, belonging to the said Amos Woodward, begun, or in
hand at the time of his death; and the same is not contradicted by any
proof, appearing among the proceedings of the said commissioners, they
have, notwithstanding, in the account by them stated and returned, made
an allowance of £50 paper to the said Amos Woodward's estate, for the
labor of sundry servants and slaves on his plantation, from the time of his
death until July following, which this exceptant humbly conceives to be
against law and equity. Third. That it appears by the proceedings, that
there are two several estates dependent on the estate of the said Amos
Woodward, that is to say, the estate of the said Achsa Fottrell, to -which
this exceptant is administrator, and also the estate of the said Edward Fot-
trell, to whom this exceptant is also administrator, with his will annexed;
and that the estate of the said Edward Fottrell is also dependent on the

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 67   View pdf image (33K)
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