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1675 and p.rmisses aforesaid the Said Bond of 80000.ℓ tob to be Deliv.rs upp to be Cancelled and the Said Defd.ts for their Doeings herein are for ever hereafter Saved harmlesse & Indempnified by this p.rsent Decree 2.d Aprill 1675 This Decree is according Lett this Decree be Inrolled to y.e pties & Defts consent in their Bill & answ.r now uppon Charles Calvert Record Ro Carvile Kenelme Cheseldyne May the 5.th 1675 In Chancery Walter Hall & others Credito.rs & Legatees of John Reynolds Decd Comp.lts W.m Clawe the Surviving Exec.r of the said Reynolds Defend.t This cause coming this p.rsent day to be heard upon Bill & Answere in the p.rsence of the Attorneys on both sides the Comp.lts by their Bill setting forth That the said John Reynolds did dye seized of a certain Tract of land called Fresh pond Here in the pleadings menconed having first made his Will & therein & thereby willed all his just debts should be paid And after the same paid he gave severall Legacyes to the Comp.lts the Legatees to be paid within a Yeare after the Sale of the said lands & p.rmisses And of the said Will he made the Def.t & one Jo.n Smallpeece Exec.rs After whose death the said Exec.rs haveing proved the said Will & possessed the said reall & psonall Estate of Reynolds sufficient to pay the Comp.lts their debts & Legacyes aforesaid And the said Smallpeece being since dead the said Defend.t as Surviving Exec.rs is wholy possessed of the p.rmisses but refuses to pay the Comp.lts said debts & Legacyes p.rtending he hath not Assetts of the psonall Estate to doe the same Whereupon the said Comp.lts desired him to sell the land to pay & discharge the same according to the true Intencon of the said Testato.r but he refused so to doe p.rtending he hath not by the Will sufficient authority to Sell the same Therefore to have the said Def.t Impowered to Sell the same And that the Comp.lts the Credito.rs & other the Cred.rs of the said Testator may be paid their just debts And after the same paid the Comp.lts the Legatees may be paid their Legacyes so farre as the same will amount to satisfie & pay the same is the scope of the Comp.lts Bill And the Def.t by Answer setting forth That he did after the death of the said Testator and the other Exec.r Smallpeece possesse himselfe of the said Testato.r psonall Estate & did Exhibit to the Judge for Probate of Wills & Grannting of Administracons a just & true accompt of his payments & disbursem.ts for funerall Charges Charges about Probate of the Will & of the debts & other disbursem.ts in & about the managem.t of the said Executorshipp And that thereby itt appeares the said Def.t hath not sufficient Assetts in his hands to pay the Comp.lts the Credito.rs but is & allwayes was ready to pay & satisfie so farr as he hath Assetts And the Defend.t beleived the said Testato.r intended his said land called Freshe pond Neck should be sold for paym.t of his debts & Legacyes But he haveing noe sufficient authority by the Will to doe the same he could not nor cannot procure a Purchs.r to buy the same being not able to make a good title thereunto |
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Chancery Court, Chancery Record, 1671-1712
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