did or not act in relation to the said premises as though such conveyance had been executed, and the reasons, if any, why it was not in fact executed, with the circumstances attending the same, and that each party be at liberty to offer evidence to the master upon that subject, and shall be examined by the master, if required by the other party, on proper interrogatories thereupon, and that the master report such evidence to this court specially, that the same may be before the court for its final decree in the cause. Order to retract and cancel an ́admission made by the complainant's solicitor. In Chancery. Between A. B. Complainant, On reading and filing a notice of a motion to retract and withdraw a certain admission made in writing in the above cause, and signed by Esq. solicitor for the complainant, on the fifth day of January last, and referred to in the said notice and affidavit, and that the same should be cancelled and held for nought, and on reading and filing the affidavit of the complainant, and the affidavits of on the part of on the part of the defendant and the subject matter of the said notice, and affidavits having been debated by for the complainant, and for the defendant, it is ordered that the aforesaid admission be retracted, or withdrawn and held for nothing, as having been made by mistake and misapprehension, and that the same be delivered up by the defendant's solicitor to the complainant's solicitor to be cancelled. Order to refer a second answer. In Chancery. A. B. Complainant, Between and Upon opening of the matter this day unto this court by being of counsel for the complainant, it was alleged that the com R plainant having taken exceptions to the insufficiency of the defendant's first answer, the defendant hath put in a second answer, which the complainant is advised is also insufficient, it is therefore ordered, that it be referred to one of the masters of this court to look into the said bill, answers and exceptions, and examine and certify, whether the said defendant's answer be sufficient in the points excepted unto or not. Order for a commission to examine De Bene Esse, and to refer exceptions. In Chancery. A. B. Complainant, Between C. D. Defendant. Whereas this court was this day informed by being of the complainant's counsel, that the complainant long since exhibited his bill unto this court against the defendant, whereunto the defendant hath put in insufficient answers, and hath thereby delayed the complainant's proceeding to issue in this cause, by which means the complainant is like to lose the testimony of a very material witness, he being now ready to go a voyage beyond sea; it was therefore prayed, that the complainant might take out a commission to examine his witnesses De Bene Esse, to preserve their testimony, and the defendant may join in the same if he pleases; which is ordered accordingly. counsel for the defendant, whereby it was alleged that the defendant has filed exceptions to the report made in this cause by one of the masters of this court, bearing date the day last, it is thereupon ordered, that all proceedings upon the report be stayed, until the matter upon the said exceptions shall be heard and determined by this court. day of of counsel for the complainant, On reading and filing the report made in this cause by one of the masters of this court, bearing date the inst. and on motion of it is ordered, that the said reports, and all the matters and things therein contained, do stand ratified and confirmed, by the order, authority and decree of this court, to be observed and performed by all parties thereto, according to the tenor and true meaning thereof, unless the said defendant shall within eight days show unto this court cause to the contrary, Order to stay proceedings on a decree upon filing a bill of review: In Chancery. Upon opening, &c. it was alleged, that the said complainant hath filed a bill of review against the said defendant, and yet the said defendant doth prosecute the complainant with process of contempt for not performing the former decree made in this cause it was therefore prayed, that the complainant's bill of review may be admitted, and that all proceedings on the said decree may be stayed, till matter of the said bill of review be heard and determined by this court, which is ordered accordingly. Order to stand committed for not performing a decree. In Chancery. Between A. B. Complainant, term of C. D. Defendant. Upon the complainant's petition, this day presented to his honor the Chancellor, whereby it was alleged, that the complainant, in the obtained the decree of this court against the defendant, for vacating a recognizance, among other things there. in contained, and that the said defendant hath stood out all process of contempt to a commission of rebellion, which hath been several times renewed against him, he absconding that he could not be taken till now of late; and thereupon the said defendant entered his appearance with the assistant register of this court, and hath since been examined upon the contempt; and the said examination having been referred to one of the masters of this court, the said master hath certified, that the said defendant is guilty of the said contempt; and, forasmuch as the said complainant bath not any benefit of the said decree, but hath been at great charges in prosecuting the said defendant, and endeavouring to compel him to yield obedience thereunto, which he hath obstinately refused to do, to the great damage of the complainant. It was therefore prayed, that the defendant might stand committed unto prison, until he shall perform the said decree, which his honor doth think reasonable, and doth order the same accordingly. On reading and filing an affidavit of due service of notice of motion, and on motion of of counsel for the complainant, it is ordered, that the complainant be at liberty to examine one or more witnesses viva voce at the hearing of this cause, to prove the execution of a certain deed or writing, bearing date the day of day of 1817, made between A. B. of the one part, and C. D. of the other part, and also a bond from E. F. to G. H. bearing date the in the penalty of $100. for payment of $50. and interest, to the said G. H. saving to the defendant all just exceptions. BILLS. To the Honourable James Kent, Chancellor of the state of New-York. Humbly complaining sheweth unto your honour your orator A. B. of the city and county of New-York, an infant under the age of twenty one years, by C. D. widow, his mother and next friend, that E. F. of the city and county of New-York aforesaid, your orator's late father, deceased, being in his life time and at the time of his death seised, possessed of, and interested in a very considerable estate, both real and personal; and being mindful to settle and dispose of the same, did, on or about the day of which was in the year of our Lord one thousand eight hundred and (being of sound and disposing mind, memory, and understanding,) duly make and publish his last will, in writing, in the words and figures following, that is to say, In the name of God, amen, &c. (Here set forth the Will verbatim.) In witness, &c. E. F. signed, sealed, published and declared, &c. G. H. J. G. L. M. which said will was duly signed, sealed, published and delivered, by your orator's said father, in the presence of the persons whose names are subscribed to the said Will as witnesses to the same, as in and by the said Will, relation being thereunto had, it doth and may more fully appear. And your orator further sheweth unto your honour, that shortly after making the said Will, to wit, on the the said E. F. departed this life, without revoking or making any alteration of the same, so seised and possessed as aforesaid, your orator well hoped he should have quietly and peaceably held and enjoyed the same messuage, farm, and lands, according to the directions of th said will, as in all justice and equity he ought to have done. But now so it is, may it please your honour, that the said N. O. your orator's day of |