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Brunswick County Justices v. Mabry, Hinchia: Judgment, Greensville County

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Greensville county Sct.

William Vaughan surviving obligee of himself, William Thornton, John Powell & Littleberry Robinson gentlemen, late Justices of Brunswick county, (for the benefit of James Freeland & Robert Kennon admrs. of Walter Peter decd.) complain of Hinchia Mabry, Thomas Hunt, Richard Harwell & Evans Mabry surviving obligors of themselves and Nathaniel Dunn, James Mason, & Edward Pettway, in custody &c of a plea that they render to them five hundred thousand pounds which to them they owe & from them unjustly detain: for that whereas the said Nathaniel Dunn, Hinchia Mabry, James Mason, Thomas H[unt], Richard Harwell, Evans Mabry & Edward Pettway in the lifetime of the Nathaniel, James & Edward, to wit on the twenty seventh day of November [in] the year of our Lord one thousand seven hundred & eighty at the parish of St. Andrews in the said county by their certain writing obligatory sealed with their seals and an attested copy thereof under the hand of the the clerk of Greensville county is to the court now here shewn, the date whereof is the same day & year, acknowledged themselves to be held & firmly bound to the said William Thornton, John Powell, William Vaughn & Littleberry Robinson, gentlemen then justices of Brunswick county, and then all living, in the just & full sum of five hundred thousand pounds current money of Virginia; to be paid to the said William Thornton, John Powell, William Vaughan and Littleberry Robinson, and their successors, when they the said Nathaniel Dunn, Hinchia Mabry James Mason, Thomas Hunt, Richard Harwell, Evans Mabry & Edward Pettway or either of them should be thereto other required: To which said writing obligator a condition was annexed in substance as follows that is to say that if the said Nathaniel Dunn & Hinchia Mabry executors of the testament & last will of William Parham deceased should make a true & perfect inventory of all & singular the goods chattels & cred[credits] of the said deceased which had or should come to the hands possession or knowledge of the said executors, or into the hands or possession of any other person or persons for them, & the same so made should exhibit into the county court of Brunswick at such time as they should be thereto required by the said court, and the same goods chattels & credits should well & truly administer according to law, and [make] a just & true account of their actings & doings therein when thereunto requi [required? torn page] by the said court, & further should well & truly pay & deliver all the legacies contained & specified in the said will as far as the said goods chattels & credits would extend according to the value thereof and the law should charge them -- then the said obligation was to be void, or else to remain in full force & virtues And [torn page] plf. in fact avers that the said Nathaniel Dunn and Hinchia Mabry in the life of the said Nathaniel, and the said Hinchia since his death, have not, nor hath either performed the condition of the said