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G. H's personal estate; and that the said V. W. may either admit assets of the said G. H. to have come to her hands sufficient to pay all his debts, funeral expenses, and legacies, and also to answer your orators' demands; or if she shall pretend that the said G. H. did not leave a sufficient personal estate for that purpose, then that she may set forth an account of all debts she pretends to be owing by her said testator, and to whom, and for what, and upon what securities, and that she may likewise set forth a full, true, and particular inventory and account of all and every the goods, chattels, and other personal estate and effects which the said testator G. H. was at his death possessed of, interested in, or in any ways entitled unto, with the nature, quantities, qualities, and full and utmost values thereof, and what part has come to her hands, or to the hands of any other person, and whom, for her use or with her privity, consent or procurement, and how the same has been paid, applied, administered, sold, or disposed of by her, or any other person, by her direction or privity, and when, and by and to whom, and for what, and that the said V. W. may show cause, (if she can) why the said suit and proceedings thereon should not stand and be revived; and that the same may be revived; may it please your honor to grant unto your ⚫rators the most gracious writ of subpoena of the people of the state of New-York, issuing out of and under the seal of this honorable court, to revive and answer, to be directed to the said V. W. thereby commanding her, at a certain day, and under a certain pain therein to be inserted, personally to be and appear before your honor in this honorable court, then and there to answer the premises, and to show cause, if she can, why the said suit and proceedings therein had should not stand and be revived against her, and be in the same plight and condition as they were at the time of the death of the said G. H.—and further, to stand to and abide such order and decree in the premises as to your honor shall seem meet; and your orators shall ever pray, &c.

A bill of revivor brought by an administratrix to revive the suit wherein her husband was plaintiff, who died pending the suit.

To the Honorable James Kent, Chancellor of the state of New-York. Humbly complaining, sheweth unto your honor, your oratrix A. B. of the city and county of New-York, widow, relict and administratrix of the goods and chattels, rights and credits of C. B. late of the

city and county of New-York aforesaid, that the said C. B. on or about the last past, did file his bill of complaint

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in this honorable court against E F and G. H defendants, thereby, among other things setting forth, (here insert the prayer of the original bill,) the said complainant by his said bill prayed the aid of the court, and that process of sulpæna might be awarded against the said defendants to appear in this court, and answer the premises, which being granted, and the defendants therewith served. they appeared accordingly; and the defendant G. H. answered and (set forth what proceedings have been in the cause.) as by the said bill, answer, &c. remaining as of record in this honorable court, relation thereunto being had, may more at large appear. But so it is, may it please your honor, that before any other proceedings were had in the said cause, the said C. B. died intestate, whereby the said suit and proceedings become abated; since whose death, letters of administration of the goods and chattels, rights and credits of the said complainant, have been granted to your oratrix, his widow, by surrogate of the city and county of New-York, by virtue whereof your oratrix is become entitled to the personal estate of the said complainant her husband, To the end therefore, that the said bill, answer, &c. so abated as aforesaid, may stand revived against the said defendants, and be in the same plight, state, and condition, as the same were at the time of the abatement thereof. May it please your honor, to grant unto your oratrix the most gracious writ of subpoena ad revivendum of the People of the State of New York, issuing out of and under the seal of this honorable court, to be directed to the said thereby commanding them respectively at a certain day, and under a certain pain therein to be specified, personally to be and appear before your honor in this honorable court, and then and there to shew cause, if they can, why the said proceedings so abated as aforesaid should not be revived, and be in the same plight, state, and condition as the same were in at the time of the abatement thereof, and your oratrix be further relieved in all, &c,

A supplementary bill to deliver up deeds and writings.

To the Honorable James Kent, Chancellor of the state of New-York. Humbly complaining, sheweth unto your honor, your oratrix A. B. spinster, one of the daughters of C. D. late of

de

ceased, that your orator, together with E. F. her sister, as they were

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two of the daughters and heirs at law of the said C. D. their father, did, on or about the in the year of our Lord exhibit their original bill of complaint in this honorable court, against G. H. and I. J and L. his wife as defendants, for an account of the rents and profits of the real estate of the said C. D. in the said bill mentioned, to one part whereof she was entitled, and also for an account of his personal estate, as he the said C. D died intestate, and your oratrix and the said E. F. were two of his children, and your oratrix and the said E. F. her sister, having such title thereto respectively, as in the said bill is alleged; and that your oratrix might be let into a redemption of her father's real estate, upon paying what, (if any thing) should appear justly due, and for relief. And afterwards the said original bill was amended, and the said E. F. who had intermarried with G. H. and the said G. H. were made defendants thereto, and the said E's name was struck out from being a party to the said original bill, and the said defendants being served with proofs of subpena, they did accordingly appear to and answer the said amended bill, and the said answers were replied unto, and issue being joined, several witnesses were examined; but before publication was passed in the said cause your orator hath discovered, and your orator by way of supplement doth now humbly charge that the said now or late had in his custody or power, or at some time or times, had seen or read some deed of settlement or writing and particularly a deed bearing date in or about the year

of and concerning the real estate of the said C. D. the father; which said deed of settlement or writing to such purport or effect, was made on the marriage of the said C. D. the father, with

his first

wife, long since deceased, who was the father of the said and thereby, or by some other deed or writing, the said real estate of the said C. D. or great or some part thereof, was so settled and limited as that after the death of the said C. D. the father, without issue by the said the same was to be to the use of the issue or heirs of the body or the said C. D. the father; and he the said C. D. the father has issue only one child by the said (to wit.) who died long since without issue and unmarried, but he the said C. D the father, by , bis second

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his wife,

wife, left issue three daughters, (to wit,) your oratrix and the said defendants

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and your oratrix, and the

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the said C. D. the father, and entitled to the same by and under the said deed of settlement, or other deed or writing as aforesaid; and

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there happening some differences between the said C. D. the father in his life time and the said and there being a bill exhibited in this honorable court in relation thereunto, he, the said as your oratrix bath lately, and since issue was joined

as aforesaid, discovered that he the said did, in his answer to the said bill of the said C. D. the father, admit that he had in his custody several deeds and writings relating to or concerning the said real estate, and particularly the said deed of settlement, made on the marriage of your oratrix's said father with the said , in was a trustee; and he the said

which he the said

did, in and by the same answer to the said bill of the said

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C. D. the father declare and say, that in case the said son, should die without issue and under age, the lands settled on the issue of the said the father's first marriage, would come

the said

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's first children, as heirs of the body of the said

C. D. the father as in and by the said bill of the said C. D. the father, and the said to answer thereunto, remaining as of record in this honorable court, doth and will more fully appear. But the said deed of settlement, and the said other deeds and writings, have been all along concealed from your oratrix, and he the said

as he was a trustee named in the said settlement, ought to have dis covered and delivered up the same unto your oratrix, and thereby it doth and will appear, that your oratrix and her said sisters

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are tenants in common of the said premises, and that the same ought to be divided between them; and if the said deed of settlement is not now to be produced, the same hath been fraudulently torn, burnt or destroyed, but how, or when, or by whom, he the

doth refuse to discover.

To the end therefore, that they the said

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and
his wife, may

answer all and every the matters and things herein before charged by way of supplement; and that he the said

may discover

and set forth, whether, as he knows or believes, be at any time, and when and how long, had the said deed of settlement in his custody or power, or any other, and what deed, paper or writings to the effect or purport herein before mentioned, and what is become of such deed of settlement, and all other the deeds, papers and writings before mentioned, or any, or either, and which of them, as he the said

knows or believes, and when he last saw the said deed of settlement, or the said other deeds, papers and writings, or any, or either, and which of them; and that the said deed of settlement, and the said

other deeds, papers, and writings, may be delivered up safe, and uncancelled, and that your oratrix may be relieved in the premises, as the nature and circumstances of her case shall require. May it please your honor, &c. &c.

A bill of revivor, and supplemental bill.

in the

To the Honorable James Kent, Chancellor of the state of New-York. Humbly complaining, show unto your honor, your orators A. B. of the city and county of New-York, and C. D. of in the said city and county, gentleman; who are the surviving and only acting executors and trustees, named in the last will and testament of H. P. late of esquire, deceased, that your orators did, on or about the day of exhibit their bill of complaint in this honorable court against J. O. and T. F. gentleman, and C. his wife, late wife of the said H. P. deceased, and L. M. esquire, defendants, (amongst other things,) for a discovery of the real and personal estate of the said H. P. and in particular, what real estate he purchased after the date of his said will, and for the direction of the court, touching the trusts created by the said H. P.'s said last will and codicil; and the said defendants being du. ly served with process for that purpose, did appear to your orator's said bill, and the said defendants T. F. and C. his wife, and L. M. put in their answers thereto, to which said answers of the said defendants T. F. and C. his wife, and L. M. your orators replied, and issue was thereon joined, and divers witnesses were examined in the said cause, and their depositions duly taken and returned, as by the said bill, answers, replication and depositions of witnesses, all of them remaining duly filed and of record in this honorable court, relation being thereunto had, may more fully and at large appear. And your orators further show unto your honor, that before the said defendants had put in any answer to the said bill, or the said cause received a hearing, the said L. M. died intestate on or about the and the said I. O. also died on or about the in the year whereby the same suit as to them became and is abated; and your orators further show that N. P. of gentleman, bath taken out letters of administration to the said L. M. out of the office of the surrogate in the city and county of New-York aforesaid, and your orators are thereby be

day of day of

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