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5) this respondent submits to the court whether the said complainant is entitled to them for the reasons mentioned in the Bill, but this respondent is advised that Daniel the Blacksmith will not pass by said will because at the time of the testator's death he was in the possession of Thomas Dobson to whom said testator had hired him for one entire year and said Dobson was then residing upon a tract of land which he held under a lease for his life from the testator, and on this land stood the shop in which Daniel laboured at his trade, and original agreement between the said Dobson and the testator marked E is filed as part of this answer. And this respondent farther answering states that there was a tract of land containing 220 acres granted to Mildred Coles mother of the testator by patent (herewith filed as an exhibit) bearing date the 12 day of August in the year 1796, and he is advised that the same is not disposed of by her will is a copy of which this respondent refers as part & this answer he therefore conceives that inasmuch as one third part thereof descended from her upon the testator which is not disposed of by his will, the whole now belongs in equal