OCTOBER, 1699 COURT 565

And allso there is Due to one Roger Brooke the Sume of 22729 lbs. of Tobacco
by bill under the hand and Seal of the Said Deceased and allso there is due to one
Edward Bottler the Sume of 1000 pounds of Tobacco by bill under the hand and
Scale of the Said deceased and allso there is due to the Said William Round and
Company the Sume of £15 10 00 Sterling by bill under the hand and Scale of the
Deceased which Said Debts are of an higher nature than the account Sued for by
the Plantiff and that the Said Defendants hath not assetts in their hands to Sattis-
fye the Plantiffs account Sued for whereupon they pray Judgement of this Court
if the Said Plantife his Action against them ought to have. Joshua Cecell in
propria persona

[478] And the Said Plantiffe by his Attorney aforesaid Saith that he ought not
to be Barrd of the action aforesaid by the Plea aforesaid because he Saith that
Suppose it be true as is alleadged by the Defendants in their 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 Williams Debt Mentioned in the
Declaration Yet the Said William by Protestation Saith that there is a Consider-
able List of Debts due to the Esteate of the Said Jonathan Willson Deceased from
Severall persons which will be assetts in the hands of the Said Executors when
Receved beyond the Said Debts of a higher nature now mentioned in the plea
aforesaid therefore the Plantiffe prayes Judgement against the Said Executors to
be paid out of the Said List when the Same Shall be received by the Said Execu-
tors and of this he Prayes Judgement etc. William Stone.

And the Said Kathrine and Joshua as formarly Saith that the Said William
Rounds his Action aforesaid against them the Said Kathrine and Joshua ought not
to have for the Debt in the Plantiffs Declaration mentioned because the Said
Defendants Saith as in their Plea aforesaid that there is Severall Debts Due from
the Said Deceaseds Esteat besides 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 they have not assetts in their hands to Pay the Plantiffs Debt Sued
for and that they ought not to be Charged with any assetts upon any List of Debts
due to the Said Deceaseds Esteate untill the Said Debts are by the Said Executors
Received the which they are ready to aver and of this they putts themselfes upon
the Court by Consent. Joshua Cecell.

And the Plantiff allso. William Stone.

The Pleadeings on both Sides by the Court being read Seen and fully under-
stood Therefore it is Considered that the aforesaid William Rounds Plantiffe doe
recover against the Said Kathrine Willson and Joshua Cecell Executors of Jona-
than Willson deceased as well the Sume of Six pounds Eleven shillings Sterling
his Debt aforesaid as allso the Sume of three hundred Eighty Eight pounds of
Tobacco for his Cost and Charges of Suite of the Said William Round Plantiffe
of his Assent by the Court here adjudged out of the goods and Chatties whereof
Jonathan Willson at the time of his Death in the hands of the Said Kathrine
Willson and Joshua Cecell to be administred if they have Soe much thereof in
their hands to be administred etc. and the Said Kathrine Willson and Joshua
Cecell in mercy.

Timothy Mayhall Plantiff: Ambross Shipwash Defendant
Ambross Shipwash Late of Prince Georges County Planter was atteached to
answer unto Timothy Mayhall of a Plea of tresspass upon the Case etc.