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140) The said John Avery & this Def.t went for England together in Cap.t Wheelers ship where they were advised that the Estate being onely Personall belonging to the said John who forthwith administred thereon And being arrested & impounded for the Legacy & goods aforesaid for which the said John Avery reced Two hundred pounds sterl ready downe & three bonds of one hundred pounds sterl a peice for money due out of the Excheq.r (which he laid out in Linnen woollen & other Necessaries & paid for the passage of himselfe) And that the said John Avery [illegible] after he had Compounded for his debts in England & paid Attorneys Fees had remaineing sixty pounds ready money & two hundred in the Excheq.r which he Laid out in Linnen woollen & other necessaries & paid for the passage of himselfe & one serv.t man And this Def.t further shewed that the said John Avery desired this def.t & his wife to returne with him for Maryland and that he this def.t should not onely have halfe but all that he had when he dyed And thereupon the said John Avery gave this def.ts wife money to buy what she had occasion for but how much this def.t Denys that he knows And that the sd John Avery pp promises this def.t that he & his wife should not want nothing that he had And that the said Def.t upon those faire termes proposed as aforesaid agreed with Cap.t Walter Dunch for the passage of himselfe wife & one woeman serv.t And the said John Avery for himselfe & one woeman serv.t And that the said ship being stayed at Graves End by an Embargoe the said John Avery heareing of a writt taken out ag.t him out of the high Co.rt of Admiralty made a deed of Gift to the said Def.t of all his Goods on board the said Shipp & delivered one pewter dish in the name of the whole with the deed And that the said John Avery came on board the said Shipp at the downes And the said John Avery at sea demanded of the said Def.t the said Deed of Gift which he refused to deliver And the def.t further sheweth that being sick he the sd John broke open the said Def.ts Chest in the night & tooke out all his writeings And that after wards arriveing in this province all the Goods were Landed at the said Averys house and that the said Def.t delivered to the said Avery whatsoever he claimed to be his And denieth that the said John paid for the passage of the def.ts wife or himselfe for England And further shewed that the said John Avery's and the said Def.ts pasages were paid for England but denieth he had that he knows what sume And the said Def.t denies that he ever reced of the said Avery the value of Twenty shillings more then what he p.rsently repaid him And that the said John Avery did never entrust him with all the goods menconed in the said schedule but what the said Avery claimed as his due he delivered them to him And the said Def.t utterly denys that he ever was a suitor to the said Avery to goe with him for England or ^that^ ever ^he^ p.rtended any Estate to be fallen unto him but that he went with him the said John Avery upon the grounds & motives before menconed & noe other Denieth that the said John Avery Lent him one pound sterl to putt in his pockett And the said def.t utterly denys that the said John Avery took up Lodgeings for him & his wife or paid for the same or that ever the said Avery did entrust him with the keepeing of any sume or sumes of money whatsoever or that the said Avery Lent him money to buy Cloths |
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Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 140 View pdf image |
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