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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Volume 748, Page 151 View pdf image |
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