From Transcribe Wiki
Revision as of 17:35, 24 November 2021 by Soars (talk | contribs)
Jump to navigation Jump to search

of the trustees parties to this proceeding as he does not seek to make them responsible in any way as such. Now your orator seeks to effect on division of the real and personal property conveyed by the deed aforesaid amongst the several parties in interest according to their several and respective rights- But owing to the locality of the several tracts or pieces of land, and the character of the personality, a division in kind your orator fears can not be made without great injury to some of the parties. The facts of the infancy of some of the parties, and a disagreement as to the free construction of the deed are alledged as objections to any division by consent, and thus your orator is deprived of his right to a division- all which is contrary to Equity; and tends to the wrong and injury of your orator; to this end therefore, and for that your orator is without remedy save in a court of Equity, where each matters are properly cognizable and deliverable, your orator prays that the said Robert Mayo Jr. admr: with the will annexed of Ransdell Peirce decd, Ann G. Peirce widow and devisee of the said Ransdell, Graham C. Peirce, Reubin Brook and Ann S. his wife, Mary E. Mitchell, may be made partie's defendants to this bill and required to answer the same, and that this court with assign a guardian, or guardian's ad litem, to the infants Margareth Herndon, Robert T Joseph, Henry C, Walter R, Albert, and Ella C. Peirce