Volume 748, Page 832 View pdf image |
832 noe better answer can be by him made in that particular then to leave the Law to Construe his words which are plain in themselves and declares to the best of his rembrance he never heard the Testator say how he would have his Estate distributed and knowes nothing of any disobedience in his Children in his life time they being but young neither does he know any provisions made for them by the Testator in his life time but does acknowledge that since he intermarried with the said Elizabeth he did pay parte and passed his obligation for more to John Beale in the BIll mentioned as thinking that he and his wife had a Childs portion of the Testators Estate due to them which he finds now he was mistaken in and that all that they have due to them is no more than what their duty and good mannor may deserve from the said Defend.t and his wife and therefore hopes in due time to be releived in this honble Court concerning the obligation in that behalf unwarily Entred into by him Whereupon Edward Lloyd Esq Chancell.r and keeper of the Great Seale of this our province of Maryland does in our said Court this fourth day of March 1711 Determine Order Sentence & Decree that Charles Kilburne and Elizabeth his wife Ex.rx of Andrew Norwood be answerable to the Children of Andrew Norwood their proportionable part of the Residue of the Testators Estate by Equall portions the Widdows thirds deducted and that he pay the same accordingly And all Costs of this suit against his said Charles Kilburnes own person And that the said Charles Kilburne pay unto the said John Beale Guardian of And.r Norwood as afd the sum of two thousand five hundred sixty and four pounds Tobacco Costs of this suit out of his owne proper Estate |
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Volume 748, Page 832 View pdf image |
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