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![handle is hein.slavery/ssactsengr0629 and id is 1 raw text is: REP. TEMP. FINCH, 413.
WILLIAM PAGE Esq. and BRIDGET his Wife, Executrix of PETER EDWARDS, Executor
Of JOHN EDWARDS, Son and Heir of JOHN EDWARDS deceased, Plaintiff ; MATTHIAS
RING and MARY STUBBS, Defendants.
John Edwards the Elder, Father of the Plaintiff Bridget Page, by his last Will de-
vised to her a Legacy of £400, and charged his real and personal Estate with the Payment
thereof, and made Bridget his Wife, the Mother of the Plaintiff Bridget, Executrix, and
died.
Bridget the Executrix afterwards married one Stubbs, and he and his Wife received
the Profits 7 or 8 Years without paying the said Legacy, and then the Wife died,
and Stubbs claims the Premisses as an Interest devised to his said Wife.
Then Stubbs the Husband died, leaving a good Estate to Katharine and Mary his
two Daughters, whom he made Executrixes, and Katharine married the Defendant
Matthias Ring, and they and the other Defendant Mary having sufficient Assets of
the Estate of their late Father Stubbs, refuse to account with the Plaintiffs Win. Page
and Bridget his Wife, tho' they are intitled to demand it, the said Bridget Page being
Legatee of the said £400, and also Executrix of Peter Edwards, who was Executor to
her Father John Edwards the Testator; and likewise to the Residue of the Estate
of the said John Edwards, and all his Money in the Hands of the said Stubbs ; and
the rather because the Plaintiffs have, since the Death of Peter Edwards, paid all the
Debts and other Legacies of the said John Edwards, out of their own proper Money.
Katharine Ring, one of the Daughters and Executrix of the said Stubbs, is since
dead; and Mary Stubbs the other Daughter and Executrix, conceals the Profits and
the Assets of the said Stubbs, pretending that he had a Judgment against Peter Edwards;
and she hath sued out a Sci' Fac' in order to Execution.
[413] Therefore the Plaintiffs have exhibited their Bill, to have an Account of the
mean Profits, &c., and after what shall appear to be due on the Judgment, deducted
(if any Thing be due), that the Overplus may be paid to them towards Satisfaction of
the said Legacy of £400.
The Defendants pretend several Sums due to them, and that Accounts between
Peter Edwards and John Stubbs, were included in that Judgment, given by him to
Stubbs; and that what remained due to Bridget the Plaintiff, was paid by Peter
Edwards, by the Conveyance of certain Lands to her, which they set forth in their
Answer.
Decreed that the £400 shall be paid to the Plaintiffs, with Interest out of the personal
Estate of John Edwards the Testator; and that so much of the Profits of the real
Estate, as will supply the Defects of the personal Estate, be applyed for that Purpose,
the Plaintiff Bridget being entitled to the said personal Estate as she is Executrix of
Peter Edwards, the Executor of John Edwards her Father.
That an Account be taken thereof, and of what bath been received by Stubbs, and
not paid over to Peter Edwards, the Defendants shall pay the same with Interest to
the Plaintiffs, and likewise what Rents and Profits hath been received by the said
Stubbs out of the real Estate, since the Death of Peter Edwards.
Not to ravel into any stated Account, but the Proceedings at Law on the Judgment
to stay till the Report made, and then to be vacated on Record, if the Debts thereby
secured, are satisfied by Discount of what shall be found due to the Plaintiffs.
RICHARD SIMMS, Plaintiff; THOMAS BARRY Son and Heir, and Executor of WILLIAM
BARRY, Defendant.
The Obligor borrowed £400, and gave Bond in Quadraginta libris decreed a Bond
for £400.
William Barry, the Father of the Defendant, entered into a Bond to the Wife of
the Plaintiff Simms before her Marriage, to pay £400, whereof £120 had been already
paid; and now the Plaintiff exhibited his Bill for the Payment of the remaining £280,
and to have Relief on the said Bond which as it happened to be penned, was a Bond
in Which the Obligor Win. Barry was bound in Quadraginta libris when it should
have been in Quadringenta libris.
It appearing to the Court, that £120 had been paid, and that there was such a
Sum as £280 due, and the said Bond given as a Security for the Payment of £400.
C. II.-8
225
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