Volume 748, Page 829 View pdf image |
829 meaning at the time of makeing the said Will & at all other times that his said Children should Enjoy the full residue of his personall Estate after Debts Legacys and Charges paid and the said Executrix her thirds Deducted & whether the said Andrew had made any other provision for any of his said Children in his life time and whether the said Ex.rx whilst sole & after Intermarriage with the said Andrew Welplay and also the said Andrew in his life time did not declare themselves allways willing to Comply with the said Testat.r Intentions as afd And whether the said Ex.rx after the decease of the said Andrew Wellpley did not pay unto the said Eliz.a the daughter some part of her portion of the said Residue and also whether the said Charles & Eliz.a the Ex.rx have not since their Intermarriage paid or secured to be paid unto your orat.r and Eliz.a his wife the said Minors sister after the residue of the said portion as well knowing the same to be their due from the said Testators Estate for a Childs portion thereof and to the End that your orat.r may be releived in the premises according to the Rules of Equity and good Conscience Wherefore your orat.r humbly prays that your hon.r would be pleased to grant her Majesty most Gracious Writt of Sup.a ^Directed to y.e said Charles & Eliz.a his wife^ &c.a Comanding them at a Certain day and under a Cert.a penalty to be & appear before y.r hon.r in this hon.rble ^Court^ to Ans.r the premises And the said Elizabeth Kilburne in her seperate answer saith That her former husband Andrew Norwood father to the said Minor much about the time in the Complainants Bill of Complaint mentioned made his last Will and Testament in writing as in the same Bill of Complaint is sett forth and that she does veryly beleive in her Conscience that the Testator would have made noe will if it had not been to the End that the land therein mentioned should be sold for the Enlargement of his personall Estate that this Defendant much about the time of the said Testators makeing the said Will and before he had made the same Ask't him the said Testat.r whether if his Debts could be paid without selling said Land that would not do to which he Answered the boy had land Enough besides that and that what was left of paying his Debts would goe among the rest of his (Children |
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Volume 748, Page 829 View pdf image |
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