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724 he gave & bequeathd the said Land & plantation to two Young men at St Inagoes called by the Names of Brother Anthony & brother Willm to hold to them the said Anthony & William & their heires for ever to be by them disposd for the building of An Hospitall or other Charitable uses as they should think fitt And of his said Will be made the said Hester his wife & James Cullens Ex.rs & Robert Carvile James pattison Garrett Vansweringen & Tho.s Grunwin Gen Overseers of his said Will & shortly after dyed indebted to Anthony Wood late of Liverpoole in the Kingdom of England decd David poole & Humphry Trafford & Divers other persons in this province in severall other Considerable sums of mony & Tob.o & severall of the Legacys in the Will mencond not yet paid or satisfied After whose Death the said Hester & James Cullens proved the said Will & took upon them the burden of the said Ex.rshipp till such time as the said Hester Cordea dyed & then the said James Cullens wholly possessed himself of the said Deeds personall Estate & had sold & disposed of the same And of the said Two parcells of Land ordered to be sold by the said Ex.rs for the paym.ts of the paym.ts of the Debts & Legacys afd And yet he p.rtended he had not Assetts in his hands to pay the then pet.rs & other the Cred.rs their severall Debts to them due as afd much less the Legacys afd but as yet had not rendred the Acc.t of his said Ex.rship to the Comissary Gen.ll or Chief Judge for probat of Wills & granting of adm.rcons within this province And it being apparent by the said Will that the intention of the said Mark Cordea as also it was agreeable to Justice & all Laws Divine & his humane that the Debts & Legacys of any person decd should be first paid & Discharged before any other Charitable use or uses ought or can take place And for as much as the said Brother Anthony called Anthony Lumbrozey was an alien borned not then naturalized & is now since dead & the said Brother W.m called William Burley was then a person convict of Murther & not then pardond & both then incapacitated (as it was supposed) to make a good Estate of the Fee of the p.rmisses for the paym.t of the said D.ts & Legacys by sale of the p.rmisses or any other the Charitable uses afd Therefore the said Creditors prayd the said Lands of the said Mark might be by the Order ^& Authority^ of the same Assembly adjudged to be settled on Trustees for sale thereof for paym.t of the D.ts & legacys afd & if any over plus remained the same to go to Charitable uses according to the will of the said Testator upon due Consideration had of all the premisses afd the same peticon or Bill had been twice read in the same Assembly & they were very well inclind to relieve the said Cred.rs & legatees afd & to have passed an Act for that purpose But it happening |
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Provincial Court Land Records, 1699-1707
| Volume 718, Page 724 View pdf image |
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