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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 322   View pdf image
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322)

       Touching y.e bill Cost obtained by Sam.ll Houldsworth Exec.r of Thomas
       Parslow decd ag.st Cha Ashcomb &c.a in Octob.r Court last past (together with
       y.e decree pro Confesso) it is by order of Court allowed from 4124.ℓ tob & made
       2604.ℓ & y.t to be paid by y.e 3 severall Defts viz 868.ℓ each & y.e other
       1520.ℓ is abated in y.e cost on Consideration of Parslows death

       And therefore y.e Decree in which y.e cost was formerly set down at length
       (recorded in pag 311 312 & 313) could not be allowed as it ought in y.t place & severall
       Lines thereof being by order of Court to be altered (viz.t at y.e later end thereof touching
       y.e cost as abovesaid) it was accordingly altered being both written & signed
       & sealed anew as tis here set down for an end to this Cause between y.e
       said Sam.ll Houldsworth Exec.rs of Parslow Complt & Cha Ashcomb &c.a defts


Decree for
Parslows Exec.r
       ag.t
Cha Ashcomb
&c.a
       Whereas heretofore y.t is to say upon y.e 11.th day of May in y.e
       year of our Lord 1695 Samuell Houldsworth of Calvert County Merchant and
       Helena his Wife y.e Relict & Exec.rx of Tho.s Barslow late of y.e County Ship
       Carpenter decd did exhibit their bill of Complaint into this Hon.ble Court ag.st Charles
       Ashcomb Mary Ashcomb Richard Gallaway & his Wife defts thereby setting forth y.t
       y.e s.d Thomas Parslow formerly had exhibited his bill of Complaint into this Court
       against y.e same defts complaining y.t Whereas Benjamin Lawrence Nathaniel
       Ashcomb & Samuel Ashcomb all late of y.e same County decd had on y.e 10.th day
       of May 1682 granted to them by y.e R.t Hon.ble Charles Lord Baltemore all that
       tract or parcell of land called The Deserts lying in Calvert County afd containing
       & laid out for 1048 Acres more or less To hold to them y.e s.d Benjamin
       Nathaniel & Samuel their heirs & assignes forever  Whereby they became
       joyntly seized thereof in Fee simple  And Whereas y.e s.d Benjamin Nathan.ll &
       Sam.ll by mutuall consent upon y.e 5.th day of Aprill 1683 equally divided y.e said
       tract in order to make severance of y.e joynt tenancy & y.t each of them might
       hold his part seperatly in Fee simple to him & his heirs & pursuant to y.e said
       divisions did on y.e s.d 5.th day of Aprill cast lotts y.t each party might have his third
       part ascertained unto him as by y.e s.d division & lotts relation being thereunto had
       might more fully appear  Which division they conceiving was sufficient in law
       to make a severance of y.e joynt Tenancy afd & so standing severally seized y.e
       s.d Benjamin by his last will in writing devised his third part to one of his children
       & dies Nathaniel Ashcomb likewise by will in writing devised his third p.t to one of
       his Children & dies  And Samuell Ashcomb upon Comunication between him & y.e
       s.d Thomas Parslow agrees to sell his third pt to y.e s.d Parslow & his heirs & binds
       himself his heirs Exec.rs & Adm.rs in a bond to make a good title thereof in
       Fee simple & puts him into quiet & peaceable possession of y.e same which
       y.e s.d Parslow held during his y.e s.d Sam.lls life without any disturbance &
       laid out in building & other Improvem.ts upon y.e same above 300.ℓ sterl
       But it so fell out y.t before y.e s.d Sam.ll could make & execute a Conveyance of
       y.e same according to y.e Agreem.t afd y.e s.d Sam.ll died having first made his Will
       And y.e s.d Charles Ascomb his brother & heir his Exec.r  And y.e s.d Parslow
       being advised y.t y.e same Agreem.t was not sufficient in Law to make him a
       good estate of y.e s.d third part without a farther Corroboration from y.e s.d defts
       & a confirmation of y.e division afd be prayed y.e Aid of this Court & process of
       spa ag.st y.e s.d defts to appear in this Court & answer y.e premisses & to shew
                                                                                                             Cause
         


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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 322   View pdf image
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