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Virga. Ss: Aprill Genll: Court 1705. John Wills & Elizabeth his Wife Executrix of the last Will & testament of Thomas Harwood late of Elizabeth Citty County & parish deceased by Robt: Hyde their Attorney complaine agt. William Mallory of Elizabeth Citty County & parrish aforesd in [Cuttooge?] in a plea of trespass upon their case for that to wit [illegible-torn] whereas the sd William on the thirteenth day of Aprill in the year one thousand six hundred ninety nine in the County & parrish aforesd in consideration that the said Thomas then & there att the speciall instance & request of the sd Willm. would become bound & obliged with him the sd Wilm. to John Cooper of London Mercht. in & by a certain writeing obligatory in due form of law made & executed in & for one hundred & fifty six pounds of lawfull money of England under conditon that the sd Willm. should well & truely pay to the sd John Cooper his Ecrs Admrs. & assigns or lawfull Attorney the just sume of seventy pounds five shillins & one farthing of like lawfull money with interest for the same after the rate of six pounds P rent P annu[m] by [illegible-torn] all payments viz: one fourth part on the tenth day of October then next ensueing on every tenth day of Octobr, one fourth part till the sd seventy pounds five shillins & one farthing with the said interest should be paid & satisfied the sd Willm. [illegible-torn] fully promise & assume to the sd Thomas then & there that is to say on the said thirteenth day of Aprill in the County aforesaid that he the sd Willm. the sd seventy pounds five shillins & one farthing with the sd interest to the sd John Cooper according to the tenor of the sd Conditcon would well & truely pay & satisfye & the sd Thomas his heires Exr & Admrs. of & [illegible-torn] the sd writeing obligatory would keep & save harmless & indemnifie And the sd John & Elizabeth in fact say that the sd Thomas receiving creditt to the sd promise & assumption of the sd William afterwards to wit on the sd thirteenth day of Aprill the County & parish aforesd att the sd [illegible-torn] & request of the sd Willm. & for the [illegible] & proper debt of the sd Willm. [illegible-torn] bound & obliged together with the sd Willm. jointly & severally to the sd John Cooper by a certain writeing obligatory in due form of law made, executed in & for the aforesd sume of one hundred fifty six pounds under condicon for the payment of seventy pounds five shillins & one farthing of lawful money of England with the sd interest in manner & form aforesd And the sd John & Elizabeth further in fact say that the sd seventy pounds five shillins & one farthing with the sd interest or any part thereof not being paid to the sd John Cooper according to ye effect & tenor of the sd conditcon the sd John Cooper afterwards to wit on the twenty fourth day of January in the year one thousand seven hundred & three in an Action of debt brought upon the sd writeing obligatory agt. the sd John & Elizabeth as Execrs.of the last Will & testament of the sd Thomas att a Court held for the County of York [illegible-torn] in the sd action for the sume of fifty five pounds three shillins & eleven pence farthing sterling with costs over & above the sume of twenty five pounds three shillins Sterling which the sd John & Elizabeth did discount with the sd John Cooper in the said suite And the sd John & Elizabeth say that they did not only pay the sd sume of fifty five pounds three shillins & eleven pence farthing with costs & the said twenty six pounds three shillins did discount to the said John Cooper but did expend & lay out diverse sums of money in & about the defence of the suit aforesd Nevertheless the sd Willm. his sd promise & assumption not regarding but contriveing & subtiley intending the sd Thomas in his life time to defraud & the sd John & Elizabeth since his death the sd Thomas in his life time hath not keept harmless & indemnified of & concerning the sd Writeing Obligatory altho the same to do he hath been often required to wit on the tenth day of October in the year one thousand six hundred ninety nine att the County & parish of Elizabeth Citty aforesd (or the sd Elizabeth while she was sole) or the sd John & Elizabeth since their intermarriage neither hath he paid to the sd John & Elizabeth the sd fifty five pounds three shillins & eleven pence farthing & twenty six pounds three shillins with costs or any part thereof altho the same to do he hath been often required to wit on the twenty day of March in the year one thousand seven hundred & four att the parish of Bruton in the sd County of York & often since [illegible-torn] the sd John & Elizabeth they say they [illegible] the worse & damage here to the value of one hundred & sixty pounds Sterling to the [illegible-torn] the execution of the said Will & therefore they have brought Suit &c & bring here into Court the letters testamentary of the sd Thomas by which it may sufficiently appeare that the sd Elizabeth is Executrix of the sd testament & hath administration thereof [signed] Robt. Hyde