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Somerset County Judicial Records, 1730-1733
Volume 842, Page 39b   View pdf image
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           November Court 1730   39

thereof as also by vertue of the Statute in that Case Lately made and provided the Said James became Lyable to pay the
said William Cornwallis in his Life time the Said Six pounds and three Shillings according to the tenour of the said note
and so being Chargeable the af.d James afterwards to witt the af.d Sixteenth day of December in the Year Seventeen
hundred and twenty Seven af.d at Somrset County af.d with^in^ the Jur af.d upon himselfe Did Assume and
the Said William Cornwallis in his Lifetime then and there did faithfully promisse to pay the Said Sum
of Money according to the tenour of the Said Note   Nevertheless the Said James his promisse and assumption
aforsd in forme aforsd made nothing regarding but plotting and fraudulently Intending the Said
William Cornwallis in his Life time and the aforsd Rebecca and John after the Death of the Said William
in that pte Craftilly and Subtilly to Deceive and defraud the af.d Six pounds & three Shillings to the af.d William
in his Life time or to the af.d Recca & Jn.o after the Death of the Said William in or to any of them hath not
paid altho the Same to do the Said James by the Said William in his Life time to witt on the thirtieth day
of December Ann.o Dom Seventeen hundred and twenty Seven af.d and often afterwards and by the Said Rebecca
and John since the decease of the Said William to witt on the second day of may Anno Dom Seventeen
hundred and thirty and often afterwards at Somrset County af.d within the Jur af.d he was thereunto requested
But the Same to the Said William in his life time or to the af.d Rebecca and Jn.o since the Decease of the Said
William or to any of them to pay hath refused and the Same to the Said Rebecca and Jn.o ^or Either of them^ to pay still doth refuse
and deny to the Retarding them in the Execution of the Last will and testament af.d  Whereupon they Say
they are worse and have Damage to the value of twelve pounds money af.d  And thereupon they bring Suit
and bring into Court here the Leters Testary af.d by W.ch &.c                                                      Jno Doe
                                                                      F Allen P Qrte Pled 8 de P 8                                     &
                                                                                                                                                    R Roe

                         And the aforesaid James Shirley by Levin Gale his attorney Comes and defends the force and Injury when &.c and
prays Leave to Imparle hereunto untill the next Court & he hath it & the Same Day is Given to the aforesaid plft here also &c

          Att which Said next Court to witt the Eighteenth day of August Ann.o Dom One thousand Seven hundred and thirty
Came againe as well the aforesaid Rebecca and John as the aforesaid James by their attorneys aforesaid and hereupon
the Said James prays further Leave thereof to Imparle here untill the next Court and he hath it and the Same
day is given to the aforesaid plfts here also &c

                   Att which Said next Court to witt the Seventeenth day of November ann.o Dom One thousand Seven hundred
and thirty Came again as well the afd Rebecca and John as the aforesaid James by their attorneys aforesaid  And hereupon
the Said James Shirley as before defends the force and Injury when &.c  And Saith that the aforesaid Rebecca and
John their action aforesaid against the Said James thereupon to have and maintain Ought not because he Saith
that altho well and true it is that the Said James did assume upon him Selfe in Manner and forme af.d
as the Above Rebecca and John against him hath Complained Nevertheless the Said James Saith that since
the assumption af.d so as af.d made he the Said James to witt the Seventeenth day of Decemb.r Ann.o One thousand
seven hundred and twenty Seven at Somerset County within the Jur of this Court hath an acct of his
own against the Said William for One Suit of Scarlet Gauze ^bed^ Curtins amounting to the Sume of Six
pounds three Shillings which he prays may be Discounted against the debt of the Said william according the
forme force and effect of an Act of Assembly of this Province now in force in Such Cases made and provided and
this he is ready to veryfie  Whereupon he prays Judgment of the Said Rebecca and John theire Accot af.d thereupon
against him the Said James ought to have and maintain &.c

Rebecca Cornwallis Exr and John May Ex.r of William Cornwallis dec.d to James Shirley
1727             To 1 Suit of Scarlet Gauze bed Curtins flowred 6..3..0
10.br 17.th                                                       Subter is
                        By my Cash note dated 10.br 16.th 1727 for 6..3..0
                                                                         Errors Excepted by me this 5.th of Sep.r 1730/
                                                                                                                                                   Jn Shirley
 D.r
6..3..0
    &.c
6..3..0


Sumerset ss/      then Came into Co.t James Shirley and did then and there before the Worshipfull W.m Planner and
Nov.r the 20.th 1730/ his associates Justices of the Same Court Judicially Sitting made Oath on the Holy Evangelist of
Almighty God that the above acct as it Stands Stated against the Exrs of W.m Cornwallis dec.d is Just and true and that
he had rec.d noe part nor percell thereof or any thing in satisfaction more than Creditt Given
                                                                                                                            Thomas Hayward Cl Curr Coun Tom

And the aforsaid Rebecca and John Say that by Any thing by the Said James in his plea alledged from
                                                                                                                                                 (having)


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Somerset County Judicial Records, 1730-1733
Volume 842, Page 39b   View pdf image
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