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The said Avery haveing first made his will & the sd Ann Ex.rx And that the sd Benj.a Granger being come home the sd Ann demanded of him an Acc.t of the sd Money & Goods or satisfaccon for the same & to acquaint her with what other Goods or money he had in his Custody belonging to the said Avery which he absolutely devised & refused to doe & shewing him the writeing w.ch was written with his owne hand of the Pticuler disbursem.ts the sd Avery had disbursed for him & the Goods he had entrusted him with us aforesaid a Coppy whereof was thereunto annexed he the sd Benj.a Granger knowing he had onely writt the said Acc.t by Jn.o Averys order but had not [illegible] the same under his hand & that those transaccons betweene them was done in private And that the said John & Anne Could not make any thing plainely appeare ag.t him did positivly deny that he had or received of the said John Avery any of the Goods or Sumes of money as aforesaid or any other Goods or money whatsoever or if he did that he had accounted for the same & paid the sd John Avery for the same And that the said John & Ann being now entermarried & by vertue thereof in right of the said Ann intituled to soe much Goods & money as remaines in the hands of the Said Benj.a Granger of & belonging to the Estate of the said John Avery the better to enable them to performe the will of the said John Avery & pay his Just & due debts & they haveing received very credible informacon by severall persons that the sd Benj.a Granger hath several sumes of money & goods of John Averys in his hands that they have often by themselves & Freinds requested the said Benj.a Granger to come to an Acc.t with them & without Further Suit or trouble to deliver unto the Comp.lts what he hath of the sd John Averys in his hands he [illegible] & absolutely demised & refused to doe the same contrary to equity & good Conscience & to an apparent breach of trust being by his said Father in Law entrusted entrusted as aforesd & to the great hindrance as the Comp.lts have noe meanes at & by the Strict Rules of the Comon Law to enforme a discovery of such Clandestine frauds transaccons & trusts as aforesaid the Comp.lts not being able to make such Proofe of the perticuler goods & sumes of money to him delivered by the said John Avery & intrusted with him as the Law requires & the witnesses that should prove the Pticuler paym.ts of the severall sumes of money by the said John Avery Laid out & Expended for him & menconed in the schedule to the sd Bill of Com.lt annexed are in remote parts in England or elsewhere out of the Jurisidiccon of this province & noe other ways to be releived in the p.rmisses touching the discovery of the p.rmisses aforesaid save in this hon.rble Court And for discovery of the Truth of the p.rmisses they humbly craved the Aid & Assistance of this Hon.rble Co.rt And that pces of subp.a might be thereout awarded ag.t the said def.t for him to appeare to answ.r the sd Bill To which Bill of the sd Comp.lts the sd def.t appeared & putt in his answ.re thereunto & did thereby sett forth that he marryed the onely daughter of the sd John Avery deced And that the said John Avery haveing before his death bin absent out of England Fifteene or sixteene yeares & had one son named John Avery whom he Left in England to be bred up with James Avery his brother And that the said John Avery the Son & Brother to Ann the def.ts wife in the yeare one thousand six hundred seaventy & five writt to this def.t & advised him that his uncle James had a desire to see this Def.ts wife whereupon this def.t agreed with & paid Cap.t Walter Seas wife for his wifes passage & sent her home to his said honoble that the next yeare after the said John Avery the son desireous to see his Father tooke his Passage to come into this province but dyed at sea And that John Avery the Father heareing thereof & of the death of James Avery his Brother in England And that the said James had left the said John Avery the son Five hundred pounds sterl & two thirds of his household goods the sd John Avery the Father Finding & aforegoeing the news to be true made an Agreem.t with this Def.t to goe together that p.rsent yeare for England in Cap.t Wheeler to looke after the busines & to share what was left as aforesd equally betweene them lett the right belong to which of them it should After which the sd |
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Chancery Court, Chancery Record, 1671-1712
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