(seq. 13)

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Jannyp at Jan 07, 2021 12:02 AM

(seq. 13)

Debt on Bond.

Said Judge did then and there allow six months from the said
seventh day of Sept. Instant unto the creditors for bringing
in their claims and proving their debts all which by the record
thereof in the said Judges Court of Probate for said County
remaining appears; and the said Sarah further says that
the same estate is now depending as aforesaid, wherefore she
prays judgment & that no further process in law upon the
said Francis Dana's action aforesaid may be allowed had
or maintained; but that he may now thereof be barred.

Sewall

And the said Francis Dana Executor as aforesaid saith that
he by any thing by the said Sarah Dean Admt. as aforesaid
above in pleading alledged ought not to be precluded from
having and maintaining his action aforesaid agt. her because
protesting that the estate of the said Edwd. Deane is not in-
solvent & insufficient to pay all his just debts and that she
never did represent the said estate to be insolvent and insuf-
ficient to pay all the just debts which the said deceased ow-
ed unto the Hon. Sam Danforth Esq Judge for Probate of wills
ye for said County of Middlesex & further protesting that the
said eltate is not now depending as the abover in pleading
alledges for plea the said Francis Exr. as aforesaid saith that
there is not any such record of the said Edward Dean's estate
being represented Insolvent & insufficient to pay all the just
debts which the deceased owed by the said Sarah Admt. as
aforesaid unto the Hon. Sam. Danforth Esq. Judge for the Probate
of Wills ye for the said County of Middlesex & of his nomina-
ing & appointing appraisers commissioners &c as she in her said plea
above hath alledged in the said Judges Court for Probate of Wills
&c for said County of Middlesex at Cambridge aforesaid re-
maining. And this the said Francis Dana is ready to verify where-
fore he prays judgt. of the debt aforesaid together with his damage
occasioned by the detention thereof to be adjudged to him &c.

Dana

(seq. 13)

Debt on Bond.

Said Judge did then and there allow six months from the said seventh day of September, (?) unto the creditors for bringing in their claims and proving their debt all which by the word thereof in the said Judges court of probate for said country remaining appears; and the said Sarah further says that the same eftate is now (dewording?) as aforesaid wherefore the prays judgement and that no further (?) in law (?) the said Francis Dana's actions aforesaid may be allowed had or maintained but that he may now thereof be warned.

Sewall

And the said Francis Dana Executor as aforesaid faith that he by any thing by the said Sarah Dean admits as aforesaid above in pleading alledged ought not to be precluded from having and maintaing his actions aforesaid (?) her because protecting that the (?) of the said John and Deane is not in Solvent and insufficient to may all his just debts and that the never did (?) the said (?) to be insolvent and insufficient to pay all the just debts which the said dec?) unto the Hon Sam Danforth (?) Judge for probate (?) and for said County of Middlesex and further protecting that the said eltate is not depending as the abover in pleading alledges for plea the said Francis Ex. as aforesaid faith that there is not any such record of the said Edward Dean's eltate being unpre(?) insolvent and insufficient to pay all the just debts which the deceaser owed by the said Sarah (A?) as aforesaid unto the Hon. Sam