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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.

Between

A. B. Complainant,
and
C. D. Defendant.

being

Whereas this court was this day informed by 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 or dered accordingly.

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of

Upon motion this day made unto this court, by 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.

La Chancery.

Order to confirm a report unless cause.

Between

(A. B. Complainant,
and

C. D. Defendant.

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 fling a bill of review. In Chancery.

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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 decrce.

In Chancery.

term of

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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 therein 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 hath 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.

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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

the

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 in the penalty of $100. for payment of $50. and interest, to the said G. H. saving to the defendant all just exceptions.

BILLS.

day of

which

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 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 the 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

:

brother, and heir at law of the said E. F. deceased, in order to defeat and defraud your orator of the benefit of his father's will, and the premises thereby to him devised, doth sometimes pretend, that your orator's said father the said E. F. never made and published such last will and testament as aforesaid, or that if he did, he was only tenant for life of the said premises so devised to your orator, and therefore had no power to dispose of the same, or that he was not of sound and disposing mind, memory and understanding, at the time of his making his said will as aforesaid, and therefore pretends your orator ought not to hold the same under the said will. And, at other times your orator's said brother pretends, that in case his father was of sound and disposing mind when be made, published and declared bis said will, yet the witnesses did not subscribe their names as witnesses thereunto in his presence, and so the said E. F. as heir at law to his said father, hath a good right and title to the said premises; or that if they did, then he threatens that when the witnesses to the said will are dead he will contest the same, and the validity thereof, and set up his title as heir at law on the first devised premises, by means whereof your orator cannot dispose of the said premises devised to him as aforesaid, nor be quieted in the personal possession thereof all which pretences of the said E. F. and his confederates are contrary to equity and good conscience, and tend to injure and oppress your orator. In tender consideration whereof, and forasmuch your orator cannot examine his witnesses, who are aged and infirm, and not likely to live loug, or have their testimony preserved in proof of the said will, without the aid and assistance of this bonourable court. To the end therefore, that the said E. F. your orator's said brother may bere answer make to all and singular the pre. mises, as fully and particularly as if the same was here again repeated and interrogated, and may set forth whether your orator's father was not in his life time, and at the time of his death, seised of the premises before mentioned, and what estate he had therein, and whether he did not make, and when, such will as aforesaid, and may set forth whether he was not of sound and disposing mind, memory and understanding at the time of his making and publishing thereof, and whether he had not power to dispose and make such devise of the said premises in manner aforesaid; and may also set forth what title or interest he, your orator's said brother claims to or in the same, and that your orator may have his witnesses to the said will examined, and their testimony recorded in this honourable court, in order to the perpetuating thereof, so that your orator may have the

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