OCTOBER, 1699 COURT 559

recovered a Judgement against the Said Jonathan for the Sume of 8740 pounds
of Tobacco and £17 11 6d Sterling Debt and 691 pounds of Tobacco Cost of
Suite etc. before the Justices of the Provintiall Court of this Province the 15th
day of Aprill annoque Domini 1698 one Edward Anthill recovered a Judgement
against the Said Jonathan for the Sume of £ 29 03 00 Sterling and lbs of
Tobacco Cost of Suite before the Justices of Charles County Court the ninth
day of March Annoque Domini 1696 James Kingsbury recovered a Judgement
against against the Said Jonathan for the Sume of 1340 lbs. of Tobacco Debt
and 349 lbs. of Tobacco Cost of Suite as by a Coppy of the Said records here
in Court produced relation being thereunto had may more att Large appear
besides which Said three Judgements the Said Defendants Saith that they have
not assetts in their hands belonging to the Said Jonathans Esteate to Pay the
Plantiffs Debt Sued for and this they are ready to aver therefore demands Judge-
ment if the Said Simon his action aforsaid ought to have etc.

Joshua Cecell in propria persona.

And the Said Plantiffe by his Attorney aforesaid saith that he ought not to
be barrd of his action aforesaid by the Plea aforesaid because he Saith that
Soposeing it to be true as is alleadged in the Defendants plea aforesaid that is
to Say that there is Debts due from the Esteate of the Said Jonathan Willson
Deceased of a higher nature then the Said Simons Mentioned in the Declaration
yet by Protestation he Saith that there is a Considerable List of Debts due to
the Esteat of the Said Jonathan Willson Deceased from Severall persons which
will be Assetts in the hands of the Said Executors when received beyond the
Said Debts of a higher Nature Now mentioned in the plea aforesaid therefore
the Plantiffe prays Judgement against the Said Executors to be paid of the
Debts aforesaid when the Same Shall be recovered and and of this he prays
Judgement. William Stone.

And the Said Kathrine Willson and Joshua Cecell as formarly Saith that
the Said Simon Nicholls his action aforesaid against them the Said Kathrine
and Joshua ought not to have for the Debt in the Plantifs Declaration Men-
tioned because the Said Defendants Saith as in their Plea aforesaid that there is
Severall Debts Due from the Said deceaseds Esteate of a higher Nature then the
Plantiffs Debt Sued for and ought to be first paid and Sattisfyed out of the
Deceaseds Esteate besides which Said Debts Sued for and that they ought not
to be Charged with any assetts upon any Lists of Debts Due to the Said Deceseds
Estead untill the Said Debts are by the Said Executors Received the which
they are ready to aver and of this they putts themselves upon the Court.
Joshua Cecell.

And the Plantiffe allso. William Stone.

The Pleading of both Parties by the Court being read Seen and Fully under-
stood it is Considered that the aforesaid Simon Nicholls Plantife doe recover
against the aforesaid Kathrine Willson and Joshua Cecell Executors of the
Said Jonathan Willson Deceased Defendants as well the Sume of twelve hun-
dred pounds of Tobacco his Debt aforesaid as allso the Sume of two hundred
Eighty Eight pounds of Tobacco for his Cost and Charges of Suite to the Said
Simon Nicholls Plantiffe of his assent by the Court here adjudged out of the
Goods and Chatties whereof the Said Jonathan Willson att the time of his
Death in the hands of the Said Kathrine Willson and Joshua Cecell to be
administred if they have So much thereof in their hands to be administred and
the Said Kathrine Willson and Joshua Cecell in mercy.