Volume 557, Page 88 View pdf image (33K) |
88 Thirfore it is Considered by this Court y.t y.e plantif Edward Sweatnam shall recover from y.e Defend.t out of the Estate of y.e Deceased Fourten hundred twenty nine pounds of tobaccoe and cost of sute Elias King Clk Idim ag.t Idim Kent fs: Elizabeth Ricard Executrix of y.e Late will & testament of Benjam Ricard Deceased was Someone to Answer Edward Sweatnam Gen.t in A Plea that she Render unto him y.e sam of Nineteen hundred & Eight pounds of tobacco which from him she Unjustly Detaineth And Whereupon y.e s.d Edward by W.m Harris his Attorny: Complaineth & saith: That y.e s.d Benjam y.e testato.r in his Life y.e seventh Day of May in y.e yeare of ou.r Lord God one Thousand six hundred eighty & Four Did by his writting from Under the hand & seale of him y.e s.d Benjam Cause himselfe to be bound to him y.e s.d Edward in y.e afores.d sum of Nineteen hundred & Eight pounds of tobacco & his Executo.rs Administrators or Assignes: as will more at Large Appear by y.e s.d writting: Yett y.e s.d Benjam y.e testato.r nor Elizabeth y.e Executorx y.e afores.d sum hath not Rendered According to y.e ten.r of y.e s.d writting: But y.e same to Render hath Refused & as yett Doe Refuse to y.e Damage of y.e s.d Edward y.e sum of two thousand five hundred pounds of tobacco & of this he brings his suite: Harris p.r q.r And he bringeth herein to Courtt y.e writting afores.d w.th y.e Debt afores.d in forme afores.d testifieth &c whose Date is y.e Day & yeare afores.d And y.e s.d Elizabeth in her proper person Cometh & Defends y.e force & Injury when &c And for plea: saith: that y.e s.d Edward his action against her ought not to have: for that at y.e Issuing forth y.e original writt she was not Admitted Execut.rx of y.e s.d Deceased and of this she Demands Judgment of this worshipfull Courtt: & y.e plt Lickwise Harris p.r q.r This Courtt haveing Considered y.e Issue Joyned & finding that y.e Letter testamentary on y.e Deceased will was grantted to y.e Deft before y.e plts originall writt Issued forth Doe Award Judgm.t for y.e Plentf for nineteen hundred & eight pounds of tobacco to be payed out of y.e Estate of the Deceased & Cost of suite Therefore it is Considered by this Courtt that y.e Plentf Edward sweatnam shall Recover from y.e Deft out of y.e Estate of y.e Deceased Nineteen hundred & Eight pounds of tobacco & Cost of suite &c |
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Volume 557, Page 88 View pdf image (33K) |
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