Volume 557, Page 91 View pdf image (33K) |
91 (46) David Arbothnott by Harris ag.t Eliz.a Ricard Ex.rx of y.e Last will & Testem.t of Benj.a Ricard Deceasd Kent fs Eliza Ricard Ex.rx of y.e Last will & Testem.t of Benj.a Ricard Late of y.e County Decsd Standeth attached to ord.r David Arbothnot on a plea y.t she render unto him One thousand thirty Eight pds of tobacco w.ch from him she unjustly Deteyneth And Whereupon y.e s.d David Arbothnot by W.m Harris his Attorny complaineth & saith y.t wheras y.e afores.d Benj.a Ricard the Testator in his Life time did grant himself to be bound to him the s.d David in y.e sum of One thousand thirty Eight pds of tobacco to be paid to him the said David as afores.d y.t Neverthless y.e s.d Benjamin in his Life time nor since his death by Eliza y.e Ex.rx to him the s.d David hath not rendred but y.e same to pay him denyed & [illegible] doth dene although often thereunto require to y.e Damage of the s.d David fourteen hundred pds of tobacco & thereupon he brings this sute Harriss p q And the s.d Eliza in her ppr person cometh & Defendeth the force & Injury &c and for plea saith that y.e s.d David his accon agst her ought not to have for y.e al y.e Issuing for the originall writt She was not admitted Ex.rx of the s.d deceased and of this she demandeth Judgment of this Court And y.e plantif Likewise Harriss This Court haveing Considered the Issue Joyned and finding the Letters Testamentary on the deceaseds will was granted to the defend.t before the plantifs original writt Issued forth, due award Judgm.t for y.e plantife Therefore it is Considered by this court y.e the s.d David Arbothnott shall recover from y.e Defend.t out of the Estate of the Deceased One thousand thirty Eight pounds of tobacco: Debt, and Cost of Sute Elias King Clk Com Kent |
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Volume 557, Page 91 View pdf image (33K) |
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