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Chancery Court, Chancery Record, 1671-1712
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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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 167   View pdf image
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