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August Court
1723
102 Dansum Planter of Pocomoke of Somersett County in the Province of maryland if he should be found in his Bailywick and him Should Safe Keep so that he might have his Body before the Justices of his Lordships County Court of Somersett to be held at Dividing Creek the third tuesday of august then next to answer unto William Whittington Southey Whittington Esther Skirvan, and Hannah Whittington Ex.rs of the Last Will and testament of William Whittington Esqr lately dec.d Ex.r of Stevens white Gent dec.d of a plea that he render unto them six pounds and ten pence Curr.t and Lawfull money of England which from then he unjustly detains &c and that thereof he should not faile &c And the said Plfts by Francis Allen Gent their attorney declares against the Said Deft in the plea afd as followeth vizt Somersett County fs.t William Denston Jun.r of Coventry Parish in the county of Somersett Planter al.s dictus William Dansum Planter of Pocomoke in Somersett County in the province of Maryland was sumoned to answer unto William Whittington, Southey Whittington Esther Skirvan and Hannah Whittington Executors of the Last will and testament of William Whittington Esq.r lately decd Ex.r of the Last will and testament of Stevens White Gent dec.d of a plea that he render unto them six pounds and ten pence Curr.t and Lawfull money of England which from them be unjustly detains &c and whereupon the said William ^Southy^ Esther and Hannah by Francis Allen their attorney Complaines that Whereas the Said William Denston the Eighth day of February ann Dom One thousand seven hundred and Seventeen at the parish and County afd within the Jurisdiction of this Court by his Certain Writeing Obligatory which they the said plfts with the seall of the said William Denston signed here into Court Bring the date whereof is the same day & year did acknowledge himselfe to be Bound unto the said Stevens White in his Lifetime in the afd six pounds and ten pence Curr.t and Lawfull money of England to be paid unto the said Stevans when he should be thereunto required yett the said William Denston the Often required the said six pound and ten pence to the said Stevens in his Lifetime or to the afd William Whittington Esq.r after the deceas of the said Stevens or to the afd William, Southy, Esther and Hannah after the decease of the said Stevens and William Whittington Esq.r or to any of them hath not rendered but the same to them or any of them hitherto to render hath denyed and still doth deny and unjustly detaine to the retarding them in the Execution of the severall Last wills and testaments afd whereupon they say they are worse and have damage to the value of ten pds money afd and thereupon they Bring Suite &c and they Bring into Court here as well the Letters testamentary of the afd Stevens as the Letters testamentary of the afd William Whittington Esq.r by which &c F Allen P Qrte Pledgs deft Jno Doe Richd Roe Att which said third tuesday of august to witt the twentieth day of the same month ann Dom One thousand Seven hundred and twenty three Being the day of the return of the Said Writt Come the afd Plfts by their attorney afd and the sherr of Somersett County to whom the foregoeing writt was directed Likewise Command makes return thereof to the Court here Endorst in these words following vizt Cepi Corpus P me Jos: MccClester Sherr Whereupon the said William Denston in his Own proper person Comes and defends the force & Injury when &c and saith that he Cannot Gainsay the plfts their actions afd against him brought nor Can he say but that the Bill or writeing Obligatory afd is his act and deed and that the debt therein Mentioned is yett due and unsatisfied wherefore the said plfts pray Judgm.t for their debt afd and their Costs and Damages Sustained by Occasion of the detaining the same debt to them to be adjudged &c Therefore it is Considered by the Justices here the twentieth day of August ann Dom One thousand seven hundred and twenty three that the said William Whittington South Whittington Esther Skirvan and Hannah Whittington Ex.r of the afd William Whittington Esq.r dec.d Ex.r of Stevens White Gentl dec.d (recover) |
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Somerset County Judicial Records, 1723-1725
| Volume 839, Page 102b View pdf image |
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