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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 151   View pdf image
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                                                                                                                            (151

       Defend.ts might by the Decree of this Court be impowered and enabled to sell
       and dispose of the Lands and premisses aforesaid to such person or persons as they
       shall thinke fitt and to enable them thereunto that the said Lands and premisses
       might bee to them Decreed to hold to them and their heyres for ever against all
       persons whatsoever respect had to the title of the said Willm Roppier to one hundred
       acres of the said Land by the assignm.t aforesaid and that out of the Fee thereof or otherwise
       if they shall thinke fitt to keep the same the plts may bee by them satisfied their
       Just debts as aforesaid and that the Complts might bee releived in equity they humbly
       craved the ayd and assistance of this Hon.ble Court and that pcesse of Supena might
       bee thereout awarded against the said Defendants to appeare in the said Court and
       Answere the premisses the w.ch being granted and the said Defendant Robert Proctor
       therewith served hee appeared accordingly and answered the said bill  And thereby
       did sett forth that the said Moorely was seized of the said Lands and made such
       assignment of one hundred acres to Roppier as by the bill is sett forth  And being
       so seized and being indebted to divers persons and pricularly to the Complts and
       to the Defend.t Proctor in the severall sumes in the bill mentioned and haveing an
       honest intencon to pay his debts did about the time in the bill menconed make his
       Will in writeing in such manner and forme as in the bill menconed and shortly after
       dyed By Vertue of which will the Defendant Robert Proctor one of the Ex.rs entred
       into and possessed himselfe of all and singuler the reall and personall estate of the said
       Joseph Moorely and pticulerly of the Lands in question and solely proved the said will
       and Exhibitted an Inventory of the personall estate w.ch amounted to Eight hundred
       pounds of Tobacco and this Defendant was allwayes ready and willing to satisfie
       and pay all the Just debts of the said decd soe farr as the same personall estate would
       amount unto but he said that the said psonall Estate would not satisfie all the said
       Comp.lts Debts and the Defendants Debt alsoe for he saith he paid for funerall charges
       Eight hundred pounds of tobacco for Letters Testamentary six hundred pounds of tobacco
       for the Charges of the Executorshipp and passeing his accompt one thousand pounds of
       tobacco and a Debt due to George Parker gen and paid by the defendant & bill
       foure hundred pounds of tobacco which with the said plts debts and this Defend.t
       Robert Proctors Debt in the bill menconed amounts in the whole to the sume of
       Fourteene thousand eight hundred and five pounds of tobacco and the Defend.t
       sayed hee did knowe it to be true that the said Joseph Moorely did really
       intend by his said will to have given the said Land to this Defendant and
       the said John Gater and their heyres for ever in an absolute estate of
       Inheritance in fee simple and did declare himselfe by word of mouth to the


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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 151   View pdf image
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