Hemsley v. Smith

Rejoinder : protesting that the personal estate of the said John Ford in the said replication mentioned, amounted to no more than 315/. current money, and that the several debts due from and owing by the said John, and • the charge of his funeral amounted to 50/. current money, which debts and funeral charges were paid by the said Diana, administratrix aforesaid, and protesting that one third part of the residue of the said personal estate, after the payment of the debts and funeral charges, of right did belong and appertain to the said Diana, in the said replication also mentioned as the relict and widow of the said John, and that the residue of the personal estate aforesaid, amounted to 176/. 13s. 4d. current money and no more : and likewise protesting that the said Parker took good and able security of the said Diana, for the due administration of the said estate of the said John ; and likewise protesting that the action aforesaid is brought by the means, instigation and procurement of a certain Bagby, who intermarried with Mary, the daughter and only representative of the said John Ford, in the' aforesaid replication mentioned : for rejoinder saith that the said William Parker, according to the duty of his office, the 17th of July 1707, took the bond or writing obligatory of the said Diana, together with a certain I. R. and N. S. her sureties in the penalty of 400/. sterling, with a condition thereunto annex ⁴⁴ ed for the due administration of the goods, &c. of the said J- F. &c. which said Diana I. R. and N. S. at the time Qf the execution of that writing were seised in their demesne of several