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1675
(73) Without the Assistance of this Hon.ble Court which if this Court will Decree the same to him & his heyres to sell & dispose of the same he will pay the Comp.lts as farr as the same will goe & amount to pay & Satisfe their said debts & Legacies his just paym.ts being first deducted & of which he is & shall be ready & willing from tyme to tyme to five a just & true Accompt before the said Judge the Credito.rs also putting in their Clayme & making their debts justly appeare before the said Judge as by the said Bill & Answer may more att large appeare This Court thereupon & upon reading of the said Bill & Answer & the Will of the said John Reynolds was fully satisfied That itt was the Will & Intencon of the said Testato.r That the said lands & p.rmisses should be sold for payment of his said debts & Legacyes And doth therefore think fitt & so Order & Decree That the said Tract of land called Fresh pond Neck be sold & disposed of for payment of the debts & Legacyes of the said Testato.r so farr as the same will amount to satisfied And that the said Defend.t doe & shall hold possesse & Enjoy the same to him & his heyres for ever against all manner of pson or psons whatsoever having or p.rtending to have or Clayme any Title Right or Interest in or to the same And that all & every Guift Grant Bargaine & Sale of the p.rmisses by him the said William Clawe made of the p.rmisses to any pson or psons whatsoever shall be as Effectuall & binding to all intents & purposes in the Law whatsoever To hold to such pson or psons & their heyres for ever as if the said William Clawe had been Legally Vested in the same as in his owne proper right in an Estate of Fee simple And itt is also further ordered Adjudged & Decreed That the said land shall be Appraised by two or more sufficient Appraiso.rs in the p.rsence of some of the Credito.rs & Legatees what the same may be really worth And if the said William Clawe will hold & keep the same lands & pay the value Appraised att to the said Credito.rs & Legatees towards satisfaccon of their said debts & Legacyes (the Defend.ts just paym.ts Charges & disbursem.ts first deducted) Itt shall & may be Lawfull for him the said Def.t absolutely to hold the same to him & his heyres as aforesaid against all persons whatsoever And itt is further Ordered & Adjudged That the said Credito.rs shall att such place & tyme as the said Judge for Probate of Wills & Grannting Administracons shall appoint make before him their just debts appeare be justly due before they shall Clayme any benifitt by this Decree And the said Defend.t shall from tyme to tyme give a true & just Accompt of his Executorshipp and of his necessary paym.ts & disbursem.ts out of the said Estate which together with the debts aforesaid being first paid Then the remainder (if any be) shall be paid to the said Legatees in such manner & proporcon as the said Judge shall appoint And upon Certificate or quiteus est from the said Judge that the said Def.t had been duely paid all as farr as he had Assetts or the value of the land amounting to Then the said Defend.t is hereby forever Indemnnified and saved harmlesse against the said Credito.rs & Legatees & all other psons whatsoever for or touching the said pcell or psonall Estate of the said Testato.r Jo Reynolds Lett this be Enrolled Charles Calvert |
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Chancery Court, Chancery Record, 1671-1712
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