USA > Delaware > Sussex County > Some records of Sussex County, Delaware > Part 12
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Item. I give to John Kipshaven all the goods that is in my house if I dye this present.
Item. I give to John Whittman one old Sow Called Sib
Item. I give unto Elisabeth Whittman Two Young Hens & a Cock : * *
Item. I give unto Martha Kipshaven one young Sow wch came of that Old Sow * *
Item. I order 300 1b of Tobacco to be pd to Mr. Avery for Sur- veying the Land out of that 399 of Tobacco wch is due to me from John Oaky * *
Item. I give to Wm. Emmatt Junr one Grisled Sow bought of John Hackester * *
Item. I Order my great Barrow to be killed at my Funeral I order to be paid to Mathias Everson for 50 1b of Tobacco that I owe him my White faced Barrow.
Item. I order Mr. John Kipshaven to pay 60 lb Tobacco to Mr. Norton Claypoole.
Item. [Order John Kipshaven & Jacob Depree and their Heirs for Ever to pay something towards maintaining the Widdows & Fath- erless Children of this County * * *
Item. Order that Mr. John Kipshaven & John Depree pay for the Pattent of my Land each of them his part * * * ] I have sett my hand & Seal the Seaventh day of December, 1682.
The Mark of
EDWARD A BOATLE
the mark of [Witnesses :- Jeffery X Summerford the mark of Steven S W Whitman Wm. Emmatt
Mary Claypoole Daughter to Norton & Rachell Claypoole borne aboute the 1st Houre in the morning 10th day of the 8th Month 1682 in the presence of Edward Sowthorns wife the midwife, Katherine Hews, & her daughter Elizabeth, Honor Clark, jonica Wiltbanck Margarett Molleston, Sewsanna Grey, Sarah Stretcher, Sarah Bartlet.
WILLIAM PENN PROPRIETARY & GOVERNOR OF YE PROVINCE OF PEN- SILVANIA & THE TERRITORIES THEREUNTO BELONGING.
Reposeing confidence in thy Ability & Integrity I doe hereby con- stitute & appoint the Norton Claypoole of Lewis in ye County of Sussex to be Clark of ye Courts of Sessions to be holden for the said County to act theirin Justly & dilligently according to Law, to the best of thy understanding ; this Commission to be of force for One Year or untill further Order given at Philodelphia ye 12th 3d mo in ye 35 Year of ye King, ye third Year of my Government & in ye Year of our Lord 1683.
WM. PENN.
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COURT RECORDS.
WM. PENN PROPRIETARY & GOVERNOR OF YE PROVINCE OF PENSIL- VANIA & TERRITORIES THEREUNTO BELONGING.
By Virtue of the Authority derived unto me I doe hereby in the Kings name Constitute appoint and Authorise ye Alexander Moleston to be a Justice of ye Peace in ye Jurisdiction of ye County of Sussex giveing the full power to Act in ye sd Office according to Law & ye trust reposed in ye of wch all persons are to take notice & to give thee the due respect & Obedience belonging to thy place in the discharging of thy Duty this Commission is to be of Forse for ye space of One Year after the date hereof or till further Order given under my hand & Seal at Lewis in ye County of Sussex ye third day of ye third Month 1683 being ye Second Year of my Government. WM. PENN.
These to ALEXANDER MOLESTON.
WM. PENN PROPRIETARY & GOVERNOR OF YE PROVINCE OF PENSIL- VANIA & TERRITORIES TIIEREUNTO BELONGING.
TO MY LOVEING FREIND WM. CLARKE :- Greeting .- By Virtue of ye Authority derived unto me I doe hereby in ye Kings Name constitute appoint & Authorise the Wm. Clark to be a Justice of ye Peace & President of ye Court of Justice in ye County of Sussex formerly called ye Whorekill, who with any three other Jus- tices shall be a Court of Judicature in ye sd County giveing the full Power to Act in ye sd Office according to Law & ye trust reposed in thee, of wch all persons are to take Notice & to give the due respect & obedience belonging to thy place in ye discharging of thy Duty this Commission to be in force for ye Space of One Year after ye date hereof or untill further Order.
Given under my hand & Seal at Lewis in ye sd County of Sussex the First day of the third Month 1683. Being ye Second Year of my Government. WM. PENN.
The 12th of 4 Mon: 1683. The Justices present at a Court held for the County of Sussex: John Roads, Edw. Southern, John Kip- haven, Alexander Mollison.
An Action of ye Case. Art Johnson Ver Kerk Plts, John Barker Deft. The Plts declares that he purchased a Sorrell Gelding of Alexander Oliver which sd Gelding Run at Jno Barkers Plantation, & yt the sd Oliver did give power unto ye Plants to take ye sd Gelding as by a bill of Sail from under the sd Olivers hand but when the Plant did goe to ye house of ye sd Barkers to Fetch away the Gelding the Deft would not suffer him bud did detain ye sd Gelding from ye Plt to his damidg. The Plt produced a bill of Sail for ye Horse the Deft said that he pur- chased the Horse before the bill of Sail was made, so it was referd till ye next Court. [At a Court 14th 6 mo, 1683-"The Plt not appearing the Court granted a nonsuit against the Plt with Cost of Suite."]
The Court Adjurn'd till ye 2d Tewsday 6 mo, 1683, Because they had not a Coppy of ye Laws of ye Govern.
At A Court held at Lewis in the County of Sussex the 14th 6 mo, 1683. Justices present : Luke Wattson, John Roads, Edward Southern, Alex. Moleston, John Kipshaven, Herculus Sheppard, Thomas Hart.
An Action of Debt. Harman Cornelison Plt, Art Johnson Ver- kerk Deft; with drawn by ye Plts Order.
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SOME RECORDS OF SUSSEX COUNTY.
An Action of Atachment. John Vines Plt, Peter Groningdike Deft. The Plt declares for Ten Pounds One Shil Six Pence due from ye sd Peter Groningdike for Sheriff Fees upon Accot. Withdrawn by Order of ye Plt.
An Action of Atachmt. Cornelius Verhoofe Plt, Richard Dawsons Estate Deft. The Plt declares for Eleaven Hundred & Twelve Pounds of Tobaco for Clarks Surveighing One Thousand Acres of Land Re- fer'd wth consent of ye Plant. [The case again coming before the Court] * * * Richard Dawson being deceased the Court grants a Nonsuite against ye Plant.
An Action of Debt. Hermanus Wiltbanck Plt, John Barnett Deft. The Plt declares for Eighteen Hundred Foot of Planck due upon bill. Withdrawn by ye Plant Order.
An Action of Debt due to Hen Smith. Luke Wattson Plt, Georg Martins Cattell Deft. The Plant Petitions for One Thousand Four Hundred and Eighty Pounds of Tobaco due from Georg Martin to Capt Henry Smith which was proved in Court the 11 Mo, 1677 with alowable Interest from that time. Refer'd till next Court. * * * The Deft not appearing or Cornelius Verhoof Atturney for Georg Martin pleaded against the Accot or Debt & further saith Georg Martin hath no Cattill in the hands of Baptist Newcomb, it was re- fer'd to the next Court.
An Action of the Case. Hermanus Wiltbanck Plant, Cornelius Johnson Deft. The Plant declares that the Deft unjustly detains from him a parcell of Land contrary to former Orders of Court & Gover- nors approbation which our said Proprietary allso did confirm the same promisses as was done by ye Court & Governor before onely was pleased to referr to the Peace makers whether their might be any thing due to ye Deft for his Improvements or not but the Deft refused to plead before the Peace makers or have any thing to doe with them, the Plant not proving his Declaration the Court granted a Nonsuit to the Deft against ye Plant with Cost of Suite. [Brought up again 11 7 mon, 1683, when, the Court advised them to refer all differences to Men to be ended & determined betwen this and the next Court. The Plant nominated Luke Wattson & Cornelius Verhoof. The Deft nominated Henery Stecher & John Hill. In case John Hill doth not come hether before the 22nd Instant then the Deft to choose another. Then in case of differences-they to choose an Umpire.
An Action of Debt. Alexander Moleston Plant Richard Gill Deft. [Refer'd till next Court.]
An Action of the Case. Alexander Draper Plant, Robert Gillum Deft; [with drawn].
An Action of ye Case. Robert Gillum Plant, Charles Murffy Deft. The Plant declares for a bill or Note of One Thousand pounds of Tobaco payable by Edward Warner of Kent County unto the Plant which bill the Plant left in the hands of ye Deft for the use of Alex- ander Draper allso the Plant declares for one Coasting Coat the Deft took from the Plant & keeps it; with drawn by consent of both partyes.
An Action of the Case by Attachment. Richard Gill Plant, John Savage his Estate in ye hands of Jno Crew Deft. [Refer'd till next Court for Judgment.] [11 7 mo, 1683, again refer'd.]
Jefery Summerford Aged 43 years or there abouts & Elisabeth Johnson Aged 20 years or there abouts being examined saith that
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COURT RECORDS.
they heard Elisabeth Leveritt declare about Eight or Ten days be- fore her departure out of this World that she did Will & Bequeath all what Estate she had unto Richard Bundick only one Cow Calf excepted which should be remaining for her son Richard Bracy at present & when Her Son Richard comes at Age the said Cow Calf with all her Increase to be deliver'd unto him by the said Richard Bundick.
A Coppy of what was Sworn in open Court concerning the last Will & Testament of Elisabeth Leveritt Sworn by Jefrey Summer- ford & Elisabeth Johnson. Signed JEFERY I S SUMERFORD
Signed ELIZABETH M JOHNSON
Richard Gill aged 42 years or their abouts saith yt Elisabeth Lev- eritt about two or three days before she Dyed did Will & Bequeath unto Richard Bundick a Mare or a Thousand pd of Tobaco in Robert Bracy's hands for the which sd Mare the said Robert Bracy did pay One Thousand Ib of Tobaco out of the said Elisabeth Leveritts Estate & further did declare that if the sd Robert Bracy did refuse to pay the said 1000 fb of Tobaco it would trouble her that would come again. Sworn in open Court by Signed RICHARD X GILL
The Clarks Comition being Read, The Court Ordered ye Clarks Commition to be Recorded By Norton Claypoole [Clerricus?].
Joseph Lee Petitioner for a Town Lott which was granted upon the same Conditions of building as other's promis'd.
Thomas Edwards & Wm. Loyd Servants to John Moore in Pocoson in Virginia near York River was apprehended by Stephen Whittman & brought to Court where they confessed themselves Servants as afores'd the Court therefore Ordered them to be kept by the Sherriff till he can send to their Mr according to ye Laws of this Government.
Robert Bracy Petiti: this Court that the Bridg by Richard Bun- dicks may be speadily repaired the Court ordered William Bradford to gett the Bridg repaired wth speed.
John Johnson Senior was brought before the Court under suspition of Murdering his Wife, & the Deposition of Jno Oakys & Jefery Sum- merford was read, & the Verdict of the Jury of Twelve Women that endeavored to view the Corp's the Jurys Verdict is wee whose Names are here subscribed have endeavored to view the body of Susan John- son and we could not discover one Sign of Murder. Jeffery Summer- ford denying that he saw the Roapes End strike her on the Burr of ye Ear which was one affirmation in his Oath; & the Court therefore accounted his Oath of No Vallew, & the Crowner & Jury clearing John Johnson by their Verdict the Court therefore takes John John- son's word to appear next Court they intending to clear him if nothing more comes against him.
The Court Order'd that the Appraisers of Capt Avery's Estate should appraise it as it was when he Dyed as near as could be and if any of the 4 appraisers be wanting they may chuse another in his place & that Jno. Roads shall Swear them for the true appraising thereof.
The Court Order'd John Roads to deliver Samll Jones bill into the Clarks Office.
The Court Adjurned till the second Tewsday in the Nex Mon:
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SOME RECORDS OF SUSSEX COUNTY.
AUGUST 31st, 1683.
Att A Special Court Called upon the Petition of Petter Adolph the 31th 6 mon, 1683. Justices present : William Clark, Luke Wattson, John Roads, Robert Hart, Alex. Moleston, Edward Southern.
An Action of the Case. Peter Adolph Plt, Hermans Wiltbanck Deft. The Plant declares that the Deft wrong fully detains & keeps from him Forty Pounds wt. of Silver Plate. The Defts Answer is that he keeps the Plate by virtue of a Contract made between them, & for the Consideration of wch Plate, the Deft is ingaged to mentain the Plant dureing his Life, the Plant produced his contract & one of ye Wettneses to Witt Will. Townsend declared that he saw the Plant sign & Seal the Contract according to the best of his knowledg but denyed to Swear possitively; John Washington declar'd as an Evi- dence for the Plant the day before the Contract was signed (then he was very sick and as he thincks not able to make that marke as is fixed for him to ye Contract. Petter Designy Doctor affirms to his knowledg that ye Plant was not sensible to understand such a Con- tract about two days before it was dated. Robert Clifton affirms the day before this Contract was signed the Plant was not sensible. John Brown declared that he brought the Plant a Chest & sett it down by him and after he saw the Chest & tooke notice of it, yett he asked him again for it, and bid him aske what he would for it and he should have it for said the Plant I shall Dye. Harmon Cornelison declared the Plant was very sick more like to dye then to live, ye day that this Contract was dated.
The Jury's Names as Follows :- Alexander Draper, John Cullison, Anthony Heverly, Baptist Newcomb, Will. Kenny, Will. Foutcher, John Depree, Stephen Whitman, Robert Bracy, Robert Richards, Fran. Williams, Rich. Laws. The Deft for want of one of his Evi- dences to Witt Corneli. Verhoof desired a refference untill the next Court. The Court is Adjourned till ye after Noon & Order'd ye Plant to give Security to answer it next Court else come to Tryall. Her- manus Wiltbanck Deft haveing put in Security to answer the Action next Court, the Court grants him a refference till the next Court. withdrawn the 8th of the 7 mon. by the Plant Order.
Mr. Clark & Mr. Sanders Commitions being read the Court Order'd them to be Recorded.
Baptist Newcomb hath this day agreed with the Court, to bring and deliver at the Town Landing where the Shipp is building Eighty Cyprus Logs twenty two foot Long each Log to contain at least One foot in thickness at the great End besides the Bark to be delivered between this & the twentieth day of the next 8th mon. for which the Court hath Obleidged themselves to pay unto the said Baptist or his Order the Neat Quantity of three Thousand Pounds of Tobaco to be paid betwen this & the 25th day of the next 10th mon. which said Timber is for building of a Prison & Court house.
The Court Ordered the Clark to write three Warrants to be di- rected one to each Cunstable Will. Carter Will. Foucher & John Richards for them to take an Accot of all the Tithables in their pre- cincts & give in the Accounts to the next Court that is all males above 16 & under 60.
The Court Adjurn'd till the 11th day of ye next Month.
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COURT RECORDS.
SEPTEMBER 11th, 1683.
At a Court Held at Lewis in the County of Sussex the 11th of the 7th Mon. 1683. Justices present: William Clark, Luke Wattson, Robert Hart, Alexander Moleston, Herculus Shepard.
An Action of ye Case upon Atachment. Hermanus Willtbanck Plant, The Estate of Wm. Beverly Deft. The Plant declares for Seaventeen Pounds thirteen Shil Nine Pence due upon Accounts the last Court the Deft Petiti. for a Refferance till this Court by reason that his prinsipal Evidence Henery Strecher who hath all his Write- ings & Accounts are gon up the River & other of his evidences are not here which was granted till this Court, after much is put on both sides and many Objections against the said Account the Court ad- vised them to refer it to men & accordingly the Plaintiff nominated Norton Claypoole the Defts chose Wm. Emmit & they doe declare in open Court that they doe refer all differences that are betwen them to the sd William & Norton giving them full power (if they cannot agree the said differences by or before the 20th day of this Instant) to chuse an Umpire to end & determin the sd differences & they doe promiss to Forfeit One Hundred Pounds if either of them refuseth to stand to the Award or determination of the said persons Nominated & Chosen or the Umpire which shall be chosen by the sd Norton & William.
An Action of ye Case. William Clark Plant, Edw. Southern Deft.
* * * ye Plant not being here the last Court it was Refer'd by con- sent of the Deft till this Court, the Deft being absent upon the Pub- lick bussiness it was refer'd to the next Court.
An Action of ye Case upon Atachment. Cornelius Johnson Plant, Charles Brights Estate Deft, in ye hands of. Corn. Johnson. The Plant Petiti. last Court for one Cow & Seaven Barlls of Corn which is in the hands of ye Plant towards the satisfying of the Plant Three Thousand Five Hundred Pounds of Tobaco and by the Account unto the Plant from Charles Bright John Hill in the behalf of Henery Bowman proved that Charles Bright before his departure out of this County Sould the Cow to Henery Bowman, as for the Seaven Barlls of Corn that was refer'd to this Court the Plant not proveing that he had any such parcell of Corn in his Hands they Order'd a Nonsuite against the ye Plant.
An Action of ye Case. Hermanus Willtbanck Plant, Richard Gill Deft. [From last Court. At this Court] * *
* We the Jury doe find for the Deft * * * ye Jurys Names Robert Bracy Antony Heverly Roger Gum Bap. Newcomb John Barker Wm. Kenny Will. Foucher John Depree John Simons Robert Richards Fran. Williams Stephen Whittman.
An Action of the Case. John Daniel Plant, William Bradford Deft. The Plant declares for satisfaction for near two Years Service which he hath served the Deft more than his time of servitude allso declares for freedome Mony as ye Law # vides. The Plant proved that he had served about one Year Nine Months more then his time of Servitude & they both refering it to the Court without a Jury the Court Order that the Deft Should pay to the Plant or his Order by and with the consent of the deft Three Thousand Pounds of Tobaco for whole satisfaction ye Deft to pay Cost.
William Emitt Deputy Coroner Plant, John Johnson senior. The Deft was oblidged last County Court to make his { sonal appearance
106
SOME RECORDS OF SUSSEX COUNTY.
before the Court to answer all & every such person that might or should appear against him on the Kings behalf to give evidence against or Usecute him further on suspition of Murdering his Wife the last Court intending that if no body appeared further against him this Court & no further evidence given to sett him at Liberty # clamation being made and no { son appearing further against him he was cleared.
Abraham Pettors Pet. for a Town Lott being read was granted upon the same condition as Other Lotts were granted.
Thomas Edwards kept in Custody for a Runn away petitioned for his liberty the Court order him to be kept in Custody till next Court unless his Mr. comes or sends for him.
Mr. Luke Wattson signd & Seald a Conveyance of One Hundred Ninety Six Acres of Land called St. Giles to Samll Gray his Heirs Executors Administrators or Assignes for ever in open Court the 11th of the 7th Month 1683.
Will Carter Peti. that whereas his # decessors Otto Woolgast had but 300 Acres of Land Surveyed upon a grant or Warrant of 400 Acres that he may have the other hundred Acres Surveyed unto the other thre Hundred Acres.
Robert Johnson Petitioned against the Estate of Thomas Grin- dick for Twelve days work at 30 1b + day coming to Three Hundred & Sixty pounds of Tobaco.
William Bradford Petitioned that as the Court hath appointed him one of the Oversers of the High Ways that they will please to lett him know the bounds or Limitts of his precincts the Court Order'd he should have a Warrt. to summons in the inhabitants to help to mend the Ways and in the Warrant the Bounds of his Precincts shall be specified.
Whereas Will. Simmons had a Warrant from this Court for 300 Acres of Land which said Warrant Cornelius Verhoof doth declare he did never survey any Land upon that Warrant, therefore the Court granted that the said Simons may have his Warrant re- newed.
Norton Claypoole acknowledged the Sale of One Thousand Acres of Land to John Glass & John Swain lying & being on the other side of ye Indian River whereof Wm. Kenning declared in open Court that he by Norton Claypools Order & apoyntment deliver'd them pos- sesion by Turf & Twig.
The Jury Petitioned for there Fees according to their Summons in Petter Adolphus Cause and Hermanus Cause against Cornelius Johnson the Court therefore Order'd the Jury to have two shil a man for so many of them as appeared the Two days for Petter Adolphus & those that served but one for Petter Adolphus but 16d # man the other 8d + man & they of the Jury that were Sworn & Summon'd to serve in Hermanus his Cause to have 16d , man.
The Court Adjourn'd to the Second Tewsday of the 9th Month.
NOVEMBER 13th, 14th, 1683.
At A Court Held at Lewis for the County of Sussex by the Kings Authority & by Comition from William Penn propriator of the Prov- ince of Pensillvania and the territorys thereunto belonging the 13th & 14th days of the 9th month 1683. Justices present: William
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COURT RECORDS.
Clark, Luke Watson, John Roades, Edward Southorne, John Kipshaven, Allexandr Molleston, Robt Hart, Herculus Shepard.
An Action of the Case. William Clark Plt, Edward Sowthorne deft; twice Referrd. Tne plt declares for two thousand foure hun- dred & two pounds of tobacco & one pounds sixteen shillings in Mony & three hundred pounds of porke dew upon acount; it hath bene twice Referd by Reason of the plt & deft absence being Imployed on publick buisness. The deft objected agst two articles in the plts Acount viz Stephens & Booths Grant & Warrant for Land as not dew to him to pay & allsoe agst one Article of 800 1b. tobaco of Will. Emmit's, The deft preferr'd an Acount agst the plt, the deft allsoe . pretended 2000 1b. tobaco dew to him upon two parcells of Land sould unto the plt which wass in Maryland. The plt proved his Acount by his declaration & testimony of the truth of it and after pleading to on both sides the Jury went oute but had not Edward Sowthorns Acount with them; The jurye brought in theire verdict Wee of the jury doe finde for the plt with Costs Henry Bowman foreman the Court pass Judgment accordingly alias Execution Jurys Names viz Henry Bow- man, John Deprey, Samwell Leonard, Halm Wiltbanck, Will. Beverly, Will Kenning, Peter Designy, Jno Barker, Robt Twilly, Robt Bracy, Jno King, Jno Symons, the Court ordered to be Entered or Recorded as followeth Edward Sowthorne did say & Affirme that the judgment of this Court is erronius agst him in this Action, The Court ordered him by fine to pay five pounds sterl. for the derogation of sentence of Court, The Court allsoe fines him ten shillings for saying
or swearing * * * [The defendant was ordered to be taken from Court by the Sheriff and returned three times, Called William Clark, the president, "A Lyar," and did so much swearing that the Court imposed three fines of ten shillings each for the offense].
A prisoner by Mittimus. Abram Westrom Plt, Symon A Dutch- man deft. The Mittimus declared that the prisoner or deft hath pretended himselfe to be A sorcerer or Conjuror. The Plt not Apearing to prosecute the prisoner or deft The Court ordered A nonsuite agst the Plt with Costs & that the prisoner be released oute of prison.
Cristian the Indian by way of Complaint brought two bills one whereof was against Cornelis Verhoofe & John Vines of which their apears to be remaining dew one third part of twelve botles of Indian Drinck foure duble handfulls of powder & three staves of Lead. The Court therefore orders that Cornelis Verhoofe & John Vines pay the Plt what is dew within A Month. The other bill is against the servant of Cornelis Verhoofe Called John Pye for two Matchcoates which the Court ordered he should forthwith pay unto the Plt other- wise for Not payment Execution to be granted within A Month.
John Street petitioned for one hundred & fifty Acors of Land where he may find it Cleare in this County which th Court Granted; Warrant given oute 15th 9th Month 1683.
The Court fines William Beverly & John Barker jurymen for not Attending the Court Twenty Shillings pr man.
The Court fined Cornelis Johnson for Abusing the Court & telling Luke Watson one of the justices he cared not A - for him twenty Shillings.
William Carter petitioned the Court for three hundred Acors in this County, which the Court Granted.
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SOME RECORDS OF SUSSEX COUNTY.
The Court fined William Emmitt Twenty Shillings for saying that the Court gives the Land to Cornelis Johnson th [ ] is a diference between Halm Wiltbanck & Cornelis Johns[on] and afterward he being very peremptory giving ill Langua[ge] to the Court they fined him five pounds more.
Proclamation being made there is now to be Exposed to sale five hundred Acors of Land scituation of which by Cirtificate of Survey may Apeare & two hundred Acors m[ore] in the forke of the Cypruss Swamp belonging to the broad Kill which seaven hundred Acors of Land did belong to Thomas Grindike deceased for which Land severall persons bid mor[ ] But Mr. Griffen Jones of Phylodellphya Merchant being t[he] last & hyest bidder bought the sd seaven hundred Acors of La[nd] at two thousand three hundred pounds of tobaco to be pd between this & the next first month to Stephen Whittman Admins- trator of the sd Estate the Cirtificate of Survey was delivered to Grifen Jones above mentioned every one ytis A Creditor in the said Estate are required to bring there Acounts in to the Next Court & soe every one to have an equ[al] proportion of the Estate Acording to his Acount.
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