Volume 748, Page 828 View pdf image |
828 thereof absolutely refus's to pay unto the said Minor or your orat.r his Guardian or otherwise secure to be paid unto your orat.r or the said Minor when he shall come at age all or any part of the said Testators Estate but wholy refus's so to do and daily wasts and Consumes the same so that in a little time your orat.r has great reason to fear the whole will be Exhausted & Imbeazled and lost and the said Minor and his sisters thereby wholy deprived of the fruits of their Fathers Labour unless releived in this high and honble Court all which proceedings of the said Charles and Elizabeth his wife are contrary to Equity and good Conscience and for that your orat.r is not releiveable by the strict rules of the Comon Law or otherwise save before your hon.r in his said Court & to the End that the said Charles Kilburne & Eliz.a his wife may true and direct answer make upon their Corporall oaths to all & singular the premises and perticularly whether they ever hear that the said Testator designed to give the said Eliz.a the full Residue of his personall Estate and whether they or either of them have not often heard the said Testator declare as well at the time of his death makeing the said will as before and after That his Children should Injoy the said Residue and that the Cheif Reason why he made his will was to Impower some persons to sell a part of his real Estate to pay his Debts that his then personall Estate might remain intirely to the use of his Children or to the like Effect and whether ever they or either of them heard the said Testator reject the said Children for any disobedience or other cause & that they or either of them may declare upon their oath or oaths at afd what words and after what manner they have heard the said Testator dureing the time of his sickness afd and at the time of makeing said will & other times Express himself in relation to the premises and whether they or eith of them do not verily beleive in their Conscience that it was the said Testators true Intent & (meaning |
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Volume 748, Page 828 View pdf image |
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