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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 74   View pdf image
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(74)
   
       Die Martÿ 3.o Martÿ 1673

       Whereas Luke Gardner the Sole Surviveing Executor of Robert Cole late of S.t
       Clements Pray in the County of S.t Maries deceased at the request of Robert Cole
       Son and heire of the said deceased and Ignatius Warren who Mary the daughter
       of the said deceased was Cited to this Court to render on accompt of his Executorshipp
       Whereupon the said Luke the 17.th of October 1673 appeared and in presence of
       the said Cole and Warren delivered in his accompt of and concerning the execution
       of the said Estate last will and Testament in writeing signed with his hand of w.ch
       accompt the said Robert Cole the heire and the said Ignatius Warren prayed
       Coppyes and time till the tenth of November then next following to make their
       Exceptions to the said accompt which was then accordingly granted  Att which
       said tenth of November appeared aswell the said Luke Gardner the Execut.r
       as the said Robert Cole and Ignatius Warren and the said Robert Cole
       the heire to the deceased delivered in his exceptions in writeing to the acc.t
       of the said Executor vizt in thirteen articles in particular to which the
       executor imediately made answers which were taken in writeing by the judge
       or Comissary Gen.ll for Testamentary causes which being read & considered off
       by the said Robert Cole and nothing further objected in particular materiall
       to hinder the passeing the said accompt The said judge would farther advise
       himselfe himselfe upon the said accompt in regard of the last exception
       in Generall to the said accompt made by the said Robert vizt the execut.rs
       accompt (of which he prayes allowance) being so imperfect in many the
       particulars there being no expresse time of the delivery or to whom or
       for what accompt whereby it is impossible for the said Robert to make
       his just exceptions to severall particulars Therefore recommends the said acc.o
       to the judgment of the judge in Testamentary businesse to rectifie the same
       as to his Hon.r seems meet and agreeable to Equity  And therefore the said
       judge did take into his hands the acc.o of the said Luke and after mature
       consideration thereof and the exceptions to the same made caused the same
       to be rectified in many particulars not mentioned in the exceptions of the
       said Robert and upon the 14.th of February 1673 called the said Executor  
       to make Oath to the particulars of his Own accompt that stood allowed
       by the said judge which the said Executor not being able to doe in comon
       forme but only in the Speciall manner as at the foot of the acc.o is annexed
       The said judge declared that in regard the said Luke Gardner never tooke
       out Letters Testamentary upon probate of the Will of the said Robert Cole
       deceased never tooke the Oath of Executor to make a true accompt nor never
       made Inventory or appraisment of the Goods Chattells rights and creditts of
       the said deceased nor hath kept such an accompt of his administracon of
       the goods Chattells rights and Creditts of the said Robert deceased as he
       does absolutely sweare to as an executor Ought to doe The said Luke hath
       lost all benefitt or advantage of an Executor and is punishable at the direction
       of the judge here but forasmuch as it appeares he hath improved the Stock
       of Cattle and hoggs to  greater number then Robert Cole left at his departure
       for England and raised a Stock of horses for the Orphants where the
       Testator left none  The said judge doth Order That the Orphants of
       Robert Cole deceased shall receive the houshold goods in the Condition
       they are in the Cattle and hoggs as they are shared to them and the horses
       to be divided amongst them after the said Luke Gardner hath chosen One
                                                                                                       Mare


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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 74   View pdf image
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