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and the plaintiff in fact [suith?] [illegible] the executors of the last will and testament of the said William Parham [illegible] were Nathaniel Dunn and the said Henchia Mabry; that the said Nathaniel & Henchia were appointed executors of the said will & testament [illegible] and that they undertook the execution of it in [illegible] [illegible] of [illegible] as appears by an authenticated copy of the said last will & testament by the qualification of the said executors here by the plaintiff shewn to the court. In the plaintiffs [illegible] that the said defendant and Benjamin Simmons have not performed kept or fulfilled the condition aforesaid, nor hath either of them fulfilled kept or performed the [illegible], but both of them have violated & broken the same in the life time of the said Nathaniel Parham [illegible] who departed this life before the said