TOWNSHEND v. DUNCAN. 63

dispersed situation of witnesses; to the convenience of having
their examinations taken at or near their respective residences; and

Gabriel Parker, against John Mackall. It states that the plaintiff's father, George
Parker, made Ms last will, appointing his wife Susannah, the plaintiffs mother, his
executrix, and died on the 4th of March, 1710, possessed of a great personal estate
and seized of a considerable real estate, great part of which descended to the plain-
tiff as heir at law, who was then about twelve years of age; that the said Susannah,
took upon herself the office of executrix, and returned an inventory; and afterwards
married the defendant, by virtue of which he possessed himself of all the real and
personal estate of the plaintiff's; and also got into his possession several lands and
personal property of the plaintiff's, consisting of money and slaves, one of whom was
an expert carpenter and cooper, which had been devised and bequeathed to the
plaintiff by his grandfather, Gabriel Parrott That the plaintiff married at about
sixteen years of age, and soon after demanded of the defendant the delivery of his
estate, which the defendant refused to make; except some household furniture,
two negroes, and twenty sheep, which were represented to have been delivered at
their appraised value, although not worth so much then as when appraised; and yet
the defendant, taking advantage of the plaintiff's youth, by misrepresentation, actu-
ally charged him more than the amount to which it had been appraised. That the
plaintiff had received from the defendant several sums of current money which he
alleged were payments in sterling money; that after the death of the plaintiff's
father, there arrived here sundry goods from England, the property of the plaintiff,
which came to the hands of the defendant, and were converted by him to his use;
which goods then bore cent, per cent, and upwards, advance, but were invento-
ried by the defendant at the prime cost in sterling money; that the defendant had
actual occupation, possession and advantage of all the plaintiff's real and personal
estate for five or six years before he came of age, of which the defendant made or
might have made very great profit and advantage, and did not during all that time
maintain the plaintiff, or make him the least satisfaction for such use and occupation
of his estate. Upon which it was prayed, that the defendant might account for the
personal estate, and for the rents and profits of the real estate, and the interest
thereof; that he might make reparation for the waste and spoil committed by him
on the plaintiff's lands and improvements; and that the plaintiff might be otherwise
relieved in the premises as should seem agreeable to equity.

At May court, 1735, the defendant exhibited his answer to the bill of complaint;
and the same court the complainant filed exceptions thereto; which exceptions
coming to be argued the same court before the Chancellor, in presence of counsel
learned on both sides.

OGLE, Chancellor.—This court doth declare, that the exceptions to the said
answer are good, and the answer of the defendant adjudged insufficient, and
Ordered, that the defendant pay the complainant six hundred pounds of tobacco for
his delay. And it is likewise Ordered, that subpoena issue against the defendant for
the costs; and to put in a better answer to the aforegoing bill.

After which, at December court, 1735, the defendant filed his answer, in which
he admitted, that George Parker, the father of the plaintiff, made his will and died
as stated, leaving real and personal estate; that the defendant had married the
widow; and also that Gabriel Parrott died leaving an estate as stated; but that the
defendant had regularly and legally accounted for and paid to the creditors, legatees,
and next of kin, all the personal property which had come to his hands; that the