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560 NEALE v. HAGTHROP.
his estate, and into whose hands and possession the same passed,
by virtue of the said administration, since deceased, leaving one
child, James Hook, one of the defendants to this bill; and three
daughters, Margaret Knight, Catherine Ordin and Barbara Mor-
row; and one grandchild, Anne Barbine, wife of Charles Barbine,
who is the only child and heir at law of Joseph Hook, deceased,
son of the said Anthony Hook. ' But this bill prays process only
against those who were defendants to the original bill; it does not
ask for a subpoena against James Hook. It was, however, agreed,
that the answers which had been previously filed, and 'since
amended, should be taken as answers to the said amended bill. '
A commission was issued to take testimony, under which the de-
positions of several witnesses were taken; and several deeds and
instruments were returned with the commission.
From all which it appears, that during the last illness of Anthony
Hook, he was visited by the late Catholic Bishop Carroll, who
having been told that there had been some misunderstanding be-
tween him and his son John, respecting a conveyance of his pro-
perty, the Bishop caused a bond to be prepared expressive of the
fact, to be signed as a stipulation and acknowledgment by John,
that the deed of the 17th of August, had been made in trust for
the payment of Anthony's debts, and nothing more; which instru-
ment John, on some account, not now known, refused to execute;
that Anthony died soon after, and John administered upon his
estate; and after Johnes death, which happened in September,
1800, letters of administration de bonis non of the personal estate
of Anthony were, on the 8th of November, 1800, granted to his
widow Mary Hook; after which she applied, by petition, to the
Orphans Court to compel Barbara, the administratrix of John, to
execute the trust specified in the deed of the 17th of August; to
which petition Barbara demurred; because the matter belonged
properly and exclusively to the Court of Chancery; and the
Orphans Court sustained the demurrer.
That afterwards the sale of the ten acre lot was agreed upon and
made; and the defendants Hagthrop and wife, by an indenture
bearing date on the 29th of May, 1804, conveyed a part of it to
Mary Hook, in discharge and satisfaction of the thirds of the said
Mary, of, and in the estate of the said Anthony Hook, her late hus-
band; whereupon Mary, on the same day, by an instrument of
writing under seal, acknowledged the receipt of 429 19s. 10d.,
being the full amount of her dower, thirds and proportion of the
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