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November Court
1737
168 prays Judgment of the Declaration af.d and that the said Declaration may be quashed &.a And for Causes of Demurrer the said Robert according to the forme of the statute shews to the Court here these following viz.t 1.st admitting the above pretented letters testamentary herein Court produced to be true it is not sufficient in Law to Convince this Court upon a porfart in Curia after Oyer of all prayed to prove the said Ann to be sole Exrx or indeed that she is in any sort Exrx without producing the will of the dec.d to the same annexed whereby to entitle her self as such to maintain and bring her action against the defd.t Lastly the said declaration is deficient in matter of Substance and wants form &.c And the af.d Anne prays the Justices here that the Copy of the will of the said Alexander Draper and the probate thereof annexed to the testamentary letters af.d by the said Anne with her declaration af.d into Court brought may be enrolled which is granted her and is enrolled in these words In the name of God amen in the first day of march Annoq Dom one thousand seven hundred and twenty seven eight I Alexander Draper of the County of Sussex upon delaware merchant being very sick of body but of perfect mind and memory thanks be given to God therefore and Calling into mind the mortality of my body and knowing that it ^is appointed^ for all men once to die do make and ordian this my last will and testament (that is to say) principally and first of all I given and recommend my soul into the hands of God who gave it nothing doubting but at the generall resurrection I shall receive the same again by the mighty power of God and as touching such wordly estate where with it hath pleased God to bless me within this life I Give bequeath and devise in manner and form following Imprimis I give ^and^ bequeath unto my two sons Alexander and Draper and William Draper all that tract of Land where I now live with the appurtenances thereunto belonging Containing twelve hundred acres of Land and marsh to be equally devided between them that is to say the one moiety thereof whereof my house and plantation is with the Land and marsh that lies most Commodius to itt an to my son Alexander Draper his heirs and assignes for ever and the other moiety of the said Land and marsh unto my son William Draper with the Land and marsh that lies most Convenient to his part to him his heirs and assignes for ever if it shall happen that either of these my two sons af.d shall die before he attain to the age of twenty one years then his surviving brother shall Inheritt his part and moiety af.d for ever and shall therefore pay or caus to be paid to his surviving brethren and Sisters one hundred pounds Currt Lawfull money of america top be qually devided amongst them Item I give and bequeath unto my son John Draper my mills and Land at deep Creek in |
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Somerset County Judicial Records, 1737-1738
| Volume 859, Page 168b View pdf image |
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