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and the plaintiff in fact saith, that the executors of the last will and testament of the said William Parham deceased were Nathaniel Dunn and the said Hinchia Mabry; that the said Nathaniel & Hinchia were appointed executors of the said will & testament, thereby and that they undertook the execution of it in due form of law as appears by an authenticated copy of the said last will & testament & of the qualification of the said executors here by the plaintiff shewn to the court. And the plaintiff saith 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 same, but both of them have violated & broken the same in the life time of the said Nathaniel Parham deceased who departed this life before the said Hinchia Mabry his co-executor aforesaid & that both the said defendant & said Simmons have also broken & violated the said condition after the death of the said Dunn & in the life time of the said Hinchia Mabry for the plaintiff in fact saith that it was necessary to raise procure & advance more money to settle the said estate of the said William Parham deceased & to pay the debts due from & by the said William Parham to a great amount to wit the sum of one hundred & ninety pounds & though as stated in the said condition the said Jesse Butts the defendant who intermarried with Nancy Lucas Parham daughter & legatee of the said William Parham, received his share & proportion of the said estate, yet the said Jesse Butts hath not paid his share & proportion of the said sums of money which it became necessary as aforesaid for the said executors to raise procure & advance to settle the said estate of William Parham & to pay the debt due from the said William Parham either to the said Nathaniel Dunn & Hincha Mabry while both of them were living or to the said Hinchia the surviving executor in his life time, though the said defendant was often thereto required at the parish aforesaid in the County of Greenseville aforesaid his will by the said Nathaniel & Hinchia while the said Nathaniel was alive, as after his death by the said Hinchia, not hath the said defendant though he was thus been in like manner thereto often required by the said Nathaniel and Hinchia while the said Nathaniel lived & by the said Hinchia after his death, produced delivered, or paid to the said Executors of William Parham or their survivor