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truth_n say_a testator_n undervalue_v 36 3 16.6266 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A48299 Lex Londinensis, or, The city law shewing the powers, customs, and practice of all the several courts belonging to the famous city of London ... : together with several acts of Common Councel, very useful and necessary to be known by all merchants, citizens, and freemen of the said city : and also, a method for the ministers within the said city to recover their tithes : with a table to the whole book. City of London (England). Court of Common Council. 1680 (1680) Wing L1858; ESTC R2792 111,597 280

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possessed of and interessed in a personal Estate consisting in Goods Chattels Wares Leases ready Money Plate Housholdstuff Linnen Woollen Bedding Brass and Pewter and of Debts due by specialties and of Debts due without specialties and of other things of the value of Eight hundred pounds And he the said J. B. being so possessed of such Estate did in his life time viz. in or about the day of last make his last Will and Testament in writing and thereof did constitute and appoint E. B. his Executor And shortly afterwards viz. on the day of last past he the said J. B. your Orators said late Father departed this life being at the time of his death a Citizen and Freeman of this City and then possessed of and interessed in the personal Estate aforesaid having no Wife and but one only Child viz. your said Orator who was altogether unadvanced by his said late Father in his life time with the Goods or Chattels of his said late Father And he the said E. B. shortly after the death of the said J. B. proved the said last Will and Testament and took upon him the execution thereof And by virtue thereof the said E. B. hath possessed himself of all and every the said Goods Chattels Leases ready Money Plate Housholdstuff Linnen Woollen Bedding Brass Pewter and other the said personal Estate whereof the said J. B. your Orator's said late Father died possessed or that he was interessed in at the time of his death or of the greatest or a very considerable part thereof or the same is come to the hands custody or possession of some other person or persons by or with his privity knowledge or consent And the said E. B. or some other person or persons on his behalf have had and received some of the said Debts and Sums of Money that were due and owing to the said Testator at the time of his death and hath altered the property of others of the said Debts by taking new Securities for the same in the name of himself or in the name or names of some other person or persons in trust to and for his use And the said E. B. hath possessed himself of divers Bonds Bills obligatory of Debt Accompts Books of Accompts and other Writings and Papers that that belonged to the said Testator at the time of his Death And your Orator further sheweth That your Orator's said late deceased Father J. B. in his life time viz. about two Months next before his death finding himself drawing towards his end and honestly intending to pay and discharge all his just Debts before he died did deliver unto the said E. B. the Sum of 100 l. or thereabouts in trust that he should therewith pay his the said Testators said Debts and to render an Accompt thereof and restore the residue or overplus thereof all his said Debts being satisfied unto the said Testator And he the said E. B. did accordingly satisfie or ought to have paid therewith all the Debts that your Orator's said late deceased Father J. B. did then justly owe so that the said Testator was not at the time of his death indebted to any person whatsoever or if he were yet it was in some very inconsiderable Sum of Money But he the said E. B. rendred no Accompt of the said 100 l. or other Sum or of any part thereof unto the said Testator in his life time nor did he repay to the said Testator the overplus of the same over and besides what was by him disbursed in or towards payment of the said Debts as by the said Trust reposed in him as aforesaid he ought to have done And your Orator further sheweth That one moiety or equal half part of the said clear personal Estate whereof your Orators said late deceased Father J. B. was possessed of and interessed in at the time of his death as aforesaid amounting to the Sum of 400 l. or thereabouts and the same being due unto your said Orator by the said Custom of this Honourable City as your Orator is the only Child that his said late Father had at the time of his death and was altogether unadvanced by your Orator's said late Father by or with the Goods or Chattels of his late Father in his said late Fathers life time And the said Testator having no Wife at the time of his death your said Orator hath lately in friendly manner demanded your Orator's said customary part of his said late Fathers personal Estate of him the said E. B. But so it is may it please your Lordship and Worships that the said E. B. doth absolutely deny to satisfie the same to your Orator and will not discover the said Testators said Estate but concealing the same hath not exhibited any Inventory of the Particulars of the same Estate But if he hath exhibited any Inventory thereof the same is a very untrue and imperfect Inventory and many of the Particulars therein mentioned are therein and in the Appraisement thereof greatly undervalued And divers Particulars of the said Testators said Estate are wholly omitted out of such Inventory And the same Inventory is surcharged with divers Debts supposed to be due by the said Testator at the time of his death to several persons whereas in truth the same were in the life time of the said Testator paid and satisfied by the said Testator himself or by the said E. B. for and on the said Testators behalf and by his order and with the proper Moneys of the said Testator as aforesaid And the said E. B. hath omitted out of the said Inventory several Debts that were due and owing to the said Testator at the time of his death And the said E. B. hath not made any Accompt of the said 100 l. or other Sum so delivered to him by the said Testator or order in his life time in trust for discharge of the said Testators Debts Nor hath he brought the overplus or any part thereof to the Estate of the said Testators All which doings of the said E. B. tend to your Orators great wrong and to the defrauding him of his said Customary part of his said late Fathers said personal Estate and are contrary to Equity and good Conscience In tender consideration of all which premisses and forasmuch as your said Orator hath no remedy or relief touching the premisses at or by the strict Rules of the Common Law of this Realm for that your Orators Witnesses by whom he should prove the Particulars of the said Estate and other the Premisses to be such as they are hereby afore declared are in parts beyond the Seas and in places far remote from this Honourable City so as your Orator knoweth not where readily to find them But your Orator is only relievable in the Premisses in this Court of Equity where matters of this nature are most properly to be examined And where your Orator doth well hope that the said E. B. will upon his Oath discover the truth of