|
|
|
|
|
|
|
COOMBS v. JORDAN.
which he represented that he had, from his statement of the 13th
of August, 1827, stated the claims of the two heirs of Richard
Jordany deceased, shewing a balance, including interest up to the
date of the present report, of $1,630 66, due to Lee and wife as
claim No. 1; and $399 91 still due to Richard Jordan, the other
heir, as claim No. 2; which sum awarded to Richard was claimed
by Thomas W. Harris and the said John Llewellin, as his as-
signees. That on the claim of Stone and McWilliams, No. 3,
which was on a judgment recovered against the said Jeremiah
Booth, deceased, and a certain James Walker, there was due, in-
eluding interest up to the 15th day of October, 1827, the day of
the sale by the trustee Merrick, the sum of $5,754 98; but there
being no proof of the insolvency of Walker, only one moiety
thereof was allowed out of Booth's estate. And that of the
amount claimed by the petitioners Lee and wife and Richard
Jordan, of $1,000 paid by the said Booth on the 15th of March,
1813; $115 paid by the said Booth on the 15th of August,
1814; and $11 paid by the said Booth on the 14th of January,
1814; and $430 66 paid by the late trustee Cook on the 13th of
January, 1819, after giving the admitted credits, there remained a
balance, including interest, of f 1,718 64, as having been paid to
the said Edmund Key, their guardian, for whom the said Booth
was surety, there was no proof; and that, if there were, it ought
to be postponed to the claim No. 3.
Immediately after which, on the same day, an agreement was
filed in the following words, to wit: 'It is admitted, that Jeremiah
Booth, the deceased, was one of the securities upon the bond exe-
cuted by Edmund Key, as guardian of the petitioners Richard
Jordan and Ann Lee; that said Key was duly appointed and
qualified as guardian of said petitioners; that the payments ap-
pearing to have been made to him out of the proceeds of the first
sale of the land in the proceedings mentioned by the auditor's
report and account, this day filed, were made to him while he was
such guardian; and that only such part thereof was paid by him
tof or for the said petitioners, as is credited in said account; and
that the said Key is and was, at the time of the re-sale of said pro-
perty, wholly insolvent It is also admitted, that the petitioner
Ann is the wife of the petitioner Richard H. Lee,'
By agreement the auditor, on the 17th of July, 1829, stated and
reported an account awarding to Thomas W. Harris $118 15, and
to William H. Plowden, administrator of John Llewellin, deceased,
|
|
|
|
|
|
|
|
 |
