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341) The Decree] sent out under y.e broad seal with Execution Whereas heretofore y.t is to say upon y.e Nineteenth day of March 1695 Thomas Dafforn of London Merch.t exhibited his bill of Complaint into this hon.ble Court against John Newman & Rebecca his wife Exec.rx of y.e last will & testament of John Bearcroft late of S.t Maries County in y.e province of Maryland Merch.t decd def.ts Thereby setting forth that the s.d Bearecroft in the Year 1676 designing a Trading Voyage into this Province the Comp.lt at his the said Bearcrofts request Did intrust him with a Cargoe of goods amounting to four hundred & sixteen pounds two shillings and six pence sterl as by a Copy of the Invoyce to the s.d Bill annexed May More at large appear w.ch goods were upon the Ninth day of December in the Year 1676 afd shipt on Board the Ann of London & sent with & Consigned to the s.d Bearcroft for sales & returnes who safely arrived w.th the same in this province & sold & disposed of the s.d Cargoe of goods for tobacco the produce of w.ch goods y.e s.d Bearcroft was obliged to make returne and give a iust & true account of y.e Sales to y.e Comp.lt But y.e said Bearcroft haveing afterwards take up his residence to inhabit in this province y.e Comp.lt in Many Years could not get y.e s.d Bearcroft to account for y.e s.d sales or any returne of y.e produce of y.e s.d goods till ab.t y.e Year 1681 hee rent from y.e s.d Bearcroft about 20000.ℓ of tob of the produce of the s.d goods Bearcroft still pretending y.t the goods were much Damnifyed & soe unsortable that he that he could not sell or dispose of the same but so soon as he could sell y.e same he would send him a just account and render him satisfaccon for the same the Comp.lt running y.e hazard of bad Debts & Taking the goods again left unsold But Before the s.d Bearcroft Did render to y.e s.d Comp.lt an acco.t of the produce of the sales of the s.d Cargoe w.ch he sold at 5.s p Cent w.ch at that rate amounted to 166450.ℓ of tobacco to witt in August 1693 the s.d Bearcroft made his ^last^ will & Testam.t in writeing & y.e Deft his Ex.rs and dyed leaveing a sufficient psonall Estate of y.e Vallue of 200000.ℓ of tob to pay his Just Debts w.th a great over plus & a [illegible] before his Death acquainted y.e Defts w.th y.e Debts Due from him to the Comp.lt & gave them in Charge to see the same should justly paid according as they should find the same setled into Booke of Account But the Defts though often thereunto req.d by the Comp.lt though they have sufficient assetts to pay the same doe Deny to satisfy the s.d Comp.lt for the same or to Come to an acco.t touching the produce of the s.d Cargo Therefore that the Def.ts might answer the premisses and produce y.e s.d Bearcroft Bookes of Accounts & pay y.e Comp.lt w.t was justly due to him & his Comp.lt might be releived herein according to Equity hee craved the ayd & assistance of of this hono.ble Co.rt & y.t process of sp.a might be thereunto awarded ag.t y.e s.d Defts to appear & answer y.e premisses The w.ch being accordingly answered granted & y.e s.d Defts therew.th served they appeared |
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Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 341 View pdf image |
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