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November Court
1737
170 the within written to be his last will and testament and that at the doing thereof the said testater was of a sound and perfect disposing mind memory and Judgment and also that they saw Isaac Warner sign with them as an evidence to the same Test Jacob Kollock D Reg.r Which being enrolled and the af.d Anne having read and heard the same the said Anne says that ^her^ declaration af.d ^by any thing^ by the said Robert prealledged ought not be quashed because she says that her declaration af.d and the matter therein contained are good and sufficient in Law to maintain her action af.d against the af.d Robert which declaration and the matter therein Contained the af.d Anne is ready to very^fie^ and prove as the Court here shall Consider and because the af.d Robert to that declaration hath not answered or the same hitherto in any sort Gainsayed the af.d Anne prays Judgment and her debt af.d together with her damages by means of detaining that debt to her to be adjudged Whereupon all and singular the premisses by the Court here being seen ^heard^ and fully understood a mature deliberation thereupon had it seemeth to the Court now here that the declaration afd and the matter in the Same Contained are not sufficient in Law to the action ^afd^ of the aforesaid Ann against the afd Robert to have and maintain Therefore it is Considered that the afd Ann Draper Executrix of the afd Alexd Draper dec.d take nothing by her writt & declaration afd but for her false Clamour be thereof in mercy and that the af Robert Givan Executor of the afd Robert Givan decd goe thereof without day &c
that whereas the said Walter the thirtieth day of October anno Dom seventeen hundred |
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| Volume 859, Page 170 View pdf image |
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