Volume 748, Page 150 View pdf image |
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150) Adm.x of the said Willm Russell Thirteene hundred seaventy and one pounds of Tobacco and alsoe Robert Proctor of the same County by bill and accompt the sume of Nine thousand one hundred eighty and foure pounds of tobacco in all the sume of sixteene thousand three hundred and six pounds of tobacco Hee the said Joseph Moorely haveing a good and poor intencon to pay and satisfie all his Just and due Debts due by his last will and Testament in writeing under his hand and seale bearing date the fourth day of Aprill in the yeare of our Lord One thousand six hundred seaventy two Give and bequeath to the Defendants (who^m^ he made full and whole Ex.rs of his last will and Testament) all his Estate both real land personall and thereunto to satisfie and pay all his Just and due debts and shortly after dyed After whose death the said Defendants entred into and possessed themselves of all the reall and personall estate of the said Joseph Moorely Subject to y.e payment of his debts as aforesaid and tooke upon them the burthen of the said Executo.rpp and proved the said will The said Joseph Moorelys reall and personall estate being sufficient to pay his Just debts with an overplus and in pticuler the several debts due to the said plaintiffes But the Comp.lts applying themselves to the Defendants to have satisfaction for them said Debts they the said Defendants p.rtended they had not assetts in their hands of the personall estate of the said Deceased over and above the said Debt due to the said Defendant Proctor funerall charges and charges of proveing the will to satisfie the Comp.lts Debts And the said reall estate and Land aforesaid them devised as aforesaid and by will of the said Joseph Moorely made by a bill to the payment of his debts could not be by them sold for the raising of Tobacco for paym.t thereof by reason of some defect in the pennings of the said Will because the will did not say ^that^ he devised all his reall estate to the said Defendants and their heyres for ever and for want of the words (and their heyres for ever) the said Defend.ts were (in strictnes of Law) but Tennants for life of and in to the premisses the Revercon expectant upon their deaths being discredible to the next heyre att Law of the said Joseph Moorely and in case of noe such heyres the same were (after their deaths) escheatable to the Right Hon.ble the Lord Prop.ry for want of such heyres Whereas in truth it was apparent by words of the said will that the said reall and personall estate should goe to the paym.t of his Debts which could noe otherwise bee then by sale of the said Lands And the sale could not be good unless they had an Inheritance in the same in fee simple and that the intencon of the said deceased Joseph Moorely was to have the same devised to his Ex.rs aforesaid in fee simple and yett the said Ex.rs were ready and willing to pay and satisfie the plts said Debts Provided he might by the Decree of this Court bee enabled to make a good sale of the premisses therefore that the said |
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Volume 748, Page 150 View pdf image |
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