Volume 748, Page 167 View pdf image |
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(167) Tobacco in part of the said tenn thousand pounds Or how much hee really and bonafide paid the Defendants say they doe not Know, And they doe also beleive it to bee true That the said Vincent Atchinson Did enter into such bond of such penalty and with such condicon thereunder written as in the said bill is sett forth and they further say they beleive it to bee true that the said Vincent and Hannah Dureing the life time of the said Hannah were alwayes ready and willing to have conveyed and settled the said Land by any Lawfull Deed to him the said John Baker and his heires for ever according to the said Contract and agreement aforesaid as the said John Baker should reasonably have devised and that the said Hannah to shew her readinesse and willingnesse to Joyne with her said husband Vincent in the sale of the premisses Did send such lett.r to the Complaynant as in the bill is sett forth and that before y.e Comp.lt Did procure the Conveyance of the p.rmisses to bee sealed and executed by the said Vincent and Hannah she the said Hannah Dyed Leaveing this Defend.t Rob.t her sonn and heire to whome after her Death the estate in Lawe of and unto the p.rmisses Descended and Came, and is now in this Defend.t Robert vested as these Defend.ts are advised But whether the comp.lt by the Contract and agreem.t aforesaid hath any Equitable or other right to the same These Def.ts are wholly ignorant of the Lawe in those cases, but referre themselves herein to the Judgment of this honourable Court And these Defend.ts Say That the said Vincent Atchinson shortly after the said Hannah Dyed alsoe haveing been allwayes in his life time Ready to have pformed the Condicon of the said bond, and to have made what estate hee could Either by pcureing his Wife whilst alive to Joyne in the said Deed of sale or by any other manner of wayes Or meanes Whatsoever as by Lawe or equity hee was capable of for the suremakeing the p.rmisses to the Complaynant and his heires for ever And this Defend.t Sam.ll saith that true it is the said Vincent Atchinson did dye indebted to seav.ll psons and pticularly to this Def.t in seaverall sumes of tobacco and thereupon hee this Defend.t did as principall Creditor of the said Vincent The relict of the said Vincent renounceing her right of Adm.con Procure Letters of adm.con of the goods and Chattells of the said Vincent to bee to him comitted by the Hono.ble the Judge for probate of Wills and Granting of adm.cons and thereby posessed himselfe of soe much of the said Vincents personall estate as hee could get into his custody in trust for payment of Debts, the remaind.r if any bee to the use ^of the orphants^ of the said Vincent and Hannah and hee did alsoe as Guardian of the said Robert take into his custody the said Robert and his estate left him as heire to the said Hannah as aforesaid, and this Defend.t Did out of the said psonall Estate detaine soe much thereof as would satisfie his Owne Debt being by bill and Accompt foure thousand seaven hundred and Eleaven pounds of (tob |
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Volume 748, Page 167 View pdf image |
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