Volume 840, Page 273b View pdf image |
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June Court
1727
273 Somrsett to witt on the Nineteenth day of August ann.o Dom one thousand Seven hundred & Nineteen before Charles Ballard Gent & his associates then our Justices of our Co.ty Court of Somrsett at Dividing Creek & by Consideration of the Same Court recovered ag.t Dennis Driskill Late of Somrsett County planter Exr of ye Last will & testam.t of Edward Hammond dec.d fifteen hundred & three pd.s of Tob.o for his Dam which he Sustained as well by occasion of ye nonperformance of a Certain promisse & assumption to the same Benj.a by ye afd Edward in his Lifetime made as for his Costs & Charges by him about his Suite in yt part Expended whereof ye Same Dennis is Convict as by ye record & process thereof in our Court before our Justices at Dividing Creek now remaining Manifestly appeareth Nevertheless Execution of ye Judgm.t afd as yett remaineth to be made & afterwards ye afd Dennis Driskill at Wickacomoco in the County afd made his testam.t & Last will in Writing & by the same Constituted & ordained Honor Driskill of ye Co.ty afd his Executrix of his testam.t afd & afterwards there died; & ye afd Honor afterwards died Intestate as tis said after whose Death administration of all & Singular ye goods & Chattles rights & Creditts which were as well ^of^ ye afd Edmond Hammon & Dennis Driskell as ye afd Honor to Moses Driskill of the Co.ty afd Planter in due form of Law was Committed as by ye Insinuation of ye afd Benj.a Wailes we have received & because we are Willing yt those things which in our Said Court are rightfully Done Should be duely executed we Command you yt by good & Lawfull men of your Bailywick you Make Known unto the afd Moses Driskill yt he be & appear before the Justices of our Co.ty Court of Somrsett to be held at Dividing Creek ye third tuesday of June Nextto Shew Cause if yt anything for himselfe he hath or to say Knoweth whereof ye afd Benj.a Wailes his Execution of ye goods & Chattles which were of ye afd Edward Hammond at ye time of his Death remaining to be administred if so Much thereof in his hands he hath & if so Much thereof in his hands he have not then two hundred & Sixty seven pd.s of tob.o Costs of Suite part of the afd Sum to be Levied of ye proper goods & Chattles of ye afd Dennis Driskill according to the force form & Effect of ye recovery afd if to him it Seemeth Expedient & have you then & there ye M Names of those by whom you Make the same Known & this Writt Wittness &a Att which said third tuesday of June to witt ye twentieth day of ye same Month ann.o Dom one thousand seven hundred & twenty Seven being ye day of ye return of ye said Writt Cometh ye afd Benj.a Wailes by his attry afd & ye sher of Somrsett County to whome ye foregoing Writt was Directed Likewise Cometh & Maketh return thereof to the Court here Endorsed in these words following vizt Made Known P Francis Allen Sher And the afd Benjamin Wailes by his attorney afd prays that the afd Moses Driskill adm.r as afd to his writt afd may answer but the afd Moses altho' so before warned being solemnly Called Comes not but makes default Therefore it is Considered by the Court here the twentyeth day of June Anno Dom One one thousand seven hundred and twenty seven that the afd Benj.a Wailes |
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Volume 840, Page 273b View pdf image |
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