Court: John GRIFFIN vs. Solomon KIRWIN, Edward GRAHAM and Elizabeth is wife, Edward GRIFFITH and others. (1829); Dorchester Co., MD Copyright(c) 2003 by Kenneth S. Graham, Sr. (ImperialCrab@charter.net) http://www.usgwarchives.net/copyright.htm ******************************************************** TRANSCRIPT OF CHANCERY COURT RECORD Maryland State Archives Vol. 140 folio 814-818 Dorchester County, Maryland DECEMBER TERM 1829 ------------------ John Griffin vs. Solomon Kirwin, Edward Graham and Elizabeth is wife, Edward Griffith and others. Be it remembered That heretofore to wit on the 23rd day of November in the year of our Lord one thousand eight hundred and twenty nine came John Griffin by HenryPage Esquire his solicitor into the Court of Chancery of Maryland and exhibited in the said Court his Bill of Complaint against Solomon Kirwin, Edward Graham and Elizabeth his wife, Edward Griffith and others in the words following: To the Hon. Theo. Bland chancellor of Maryland: The Bill of Complaint of John Griffin of Dorchester County in the State of Maryland respectfully states that a certain Edward Griffith has departed this life seized in fee of real estate lying in Dorchester County leaving the following children to wit: Elizabeth Graham wife of Edward Graham, Edward Griffith, Ales Slacum wife of Barsillus Slacum, Benjamin Griffith, and the following grandchildren to wit: John R. Griffith and Sophia Griffith the children of George Griffith deceased. All of the above named parties are of full age except John R. Griffith and Sophia Griffith who are infants under twenty one years of age. That the said Edward Griffith was indebted to your complainant at the time of his death in the sum of three hundred and forty eight dollars and seven cents as by Exhibit A appears. That letters of administration have been granted by the orphans court of Dorchester County to Solomon Kirwin and it appears by a certificate of the Register of Wills for Dorchester County that the personal estate of the said Edward Griffith is insufficient for the payment of his debts as by Exhibit B appears. In tender consideration whereof and for as much as your petitioner is remediless in premises without the aid of this court. To the end therefore that the real estate of the said Edward Griffith may be sold by a decree of this court for the payment of his debts in as much the personal estate is not sufficient. May it please your honor to grant your petitioner the states writ of subpoena against the said Solomon Kirwin administration and Edward Graham and Elizabeth his wife, Edward Griffith, Barsillus Slacum and Ales his wife, Benjamin T. Griffith who are of full age and to John R. Griffith and Sophia Griffith the issue of George Griffith deceased and grandchildren of the said Edward Griffith who are infants under twenty one years of age commanding them to be appear in this court to answer the premises and that your honor will decree a sale of the real estate of the said Edward Griffith for the payment of his debts and grant such other and further relief as may be proper and they will ever pray. H. Page. Sol for complt John Griffin Exhibit A --------- @ Edward Griffith & F. Fa Debt $348.7 Damgs. 581 2/3 adl Robert Hart 75 cts. (Saso?) interest from 1 Nov. 1826 till paid. Cr. March 9, 1829 $120. Probat. .06 E. Richardson CP. December Term 1829 ------------------ Maryland Dorchester County to wit: On the 10th day of November 1829 personally appeared before me the subscriber a Justice of the Peace in and for said County John Griffin and made oath on the Holy Evangely of Almighty God that he hath not directly or indirectly received any part parcel security or satisfaction for the above debt and damages more than the credit given to the best of his knowledge. James Houston Exhibit B --------- I hereby certify that the personal estate of Edward Griffith late of Dorchester county deceased is insufficient to pay his debts. In Testimony whereof I have hereto set my hand and seal of my office affixed this tenth day of November Eighteen hundred and twenty nine. William W. Eccleston, Reg W. D.Cty Whereupon was issued the writ of subpoena against the said defendants returnable to the next term of the said court. At which next Term of the said court to wit December Term 1829 the said writ of Subpoena was duly returned endorsed “served” and also at the same term was issued a commission to Solomon Kirwin to appoint a guardian to take the answer of the infant defendants therein named and afterward on the 28th day of December 1829 came the said commissioner and made return of the said commission and of his proceedings under the same in the words following. Maryland (Sct?) The State of Maryland. To Solomon Kirwin of Dorchester County Greeting. Whereas John Griffin hath lately exhibited his Bill of Complaint before us in our high Court of Chancery against John R. Griffith and Sophia Griffith and others defendants and whereas we have by our writ lately commanded the said defendants to appear before us in our said chancery at a certain day now past to answer the said Bill but for as much as the said John R. Griffith and Sophia Griffith are infants under age and cannot answer the said Bill nor defend this suit without having a guardian assigned in that behalf. Know ye therefore that we have given unto you full power and authority in pursuance of the special order in our said court to assign and appoint a guardian for the aforesaid infants and to take the answers of the said infants by such guardian to the said Bill and therefore we command you that at such time and place as you shall think fit you go to the said defendants if they cannot conveniently come to you and assign and appoint a guardian for the aforesaid infants and take the answers of the said infants by such guardian to the said Bill on such guardians corporal oath upon the holy Evangely to be administered by you the said answers being distinctly and plainly wrote and when you shall have so taken the said answers you are to send the same closed up under your seal together with your certificate of your having assigned and appointed such guardian as aforesaid and this writ unto us in our said chancery. Witness the Honorable Theodorick Bland chancellor this 10th day of Dec. Anno Domini 1829. Test. Ramsey Waters. Reg (Cur Can ?) To the Hon. Theo Bland Chancellor of Maryland. I hereby certify that in pursuance of the powers vested in me by the annexed commission I have seen the infants therein named and did on the 21st day of December assign and appoint William W. Jones guardian for the aforesaid infants for the purpose of answering a bill filed against them by John Griffin and that I have taken the answer of the said infants by their said guardian on the corporal oath of the said guardian which answer is hereunto annexed. Given under my hand and seal this 21st day of December Eighteen hundred and twenty nine. Solomon Kirwin The answer of John R. Griffith and Sophia Griffith infants under the age of twenty one years by their guardian to the bill of Complaint of John Griffin against them and others filed in the high Court of Chancery. These defendants for answer to the said bill by their said guardian answer and say that they admit the several allegations stated in the said Bill to be true and are willing for a decree to pass as prayed in the said Bill. William W. Jones On the 21st day of Dec. 1829 personally appeared William W. Jones guardian for the above named defendants before me the subscriber the commissioner named in the annexed commission and made oath that the facts stated in the above answer are just and true to the best of his belief. Sworn before Solomon Kirwin, comr. And afterwards on the same day came the defendants therein named and filed in the cause their answer in the words following. To the Hon. Theo. Bland Chancellor of Maryland. The answer of Solomon Kirwin admr. of Edward Griffith late of Dorchester county deceased and Edward Graham and Elizabeth his wife, Edward Griffith, Barsillus Slacum and Ales his wife, Benjamin T. Griffith to the Bill of complaint of John Griffith. The answer of these defendants admit the allegations therein stated to be true and they are willing that the hon. Chancellor pass such decree as is prayed in said Bill. Solomon Kirwin Edward Graham Elizabeth Graham Edward Griffith Ales Slacum Benjn. T. Griffith Marcelus Slacum Maryland Dorchester county (Sct.?) Personally appeared before me a Justice of the peace for the county in the state aforesaid on this twenty second day of December in the year one thousand eight hundred and twenty nine Solomon Kirwin, Edward Graham and Elizabeth his wife, Edward Griffith, Barsillus Slacum and Ales his wife and Benjamin T. Griffith and made oath that the above answer is just and true. Sworn before and certified by George Grahares And thereupon on the same day the chancellor passed in the said cause his decree which was duly enrolled in the words following. John Griffin Vs. Solomon Kirwin and others In Chancery December Term 1829 The said cause standing ready for hearing and being submitted the Bill, answers exhibits and all the proceedings were by the chancellor read and considered. It is thereupon this 25th day of December in the year Eighteen hundred and twenty nine by Theodorick Bland chancellor and by the order of this court adjudged ordered and decreed that the real estate whereof Edward Griffith died seized or so much thereof as may be necessary for the payment of his debt be sold. That Henry Page be and he is hereby appointed trustee to make the said sale, and the course and manner of his proceedings shall be as follows. He shall first file with the Register of the court a bond to the State of Maryland executed by himself and a surety or sureties approved by the chancellor in the penalty of five thousand dollars current money conditioned for the faithful performance of the trust reposed in him by this decree or to be reposed in him by any future decree or order in the premises. He shall then proceed to make the sale having first given three weeks notice inserted in some paper published in Cambridge of the time place manner and terms of sale which shall be one sixth part cash on the day of sale, one half of the residue shall be paid in six months, and the other half shall be paid in twelve months, with interest from the day of sale to be secured by bond to the trustee with good and sufficient security to be approved by the trustee. And as soon as convenient after the day of sale the trustee shall return to this court a full and particular account of his proceedings relative to the said sale, with an affidavit of the truth thereof and of the fairness of the sale annexed and on obtaining the chancellor’s ratification of the sale, and on the payment of the whole purchase money and not before, the trustee shall by in good deed to be executed and acknowledged according to law, convey to the purchaser or purchasers and his or her heirs the property to him or them sold free clear and discharged from all claim of the complainant or of the defendants and of those claiming by from or under them or either of them. And the trustee shall bring into this court the bonds taken together with the purchase money arising thereon when received to be applied under the chancellors direction after deducting the costs of this suit and such and such commissions to the trustee as the chancellor shall think proper to allow, on consideration of the skill attention and fidelity wherewith he shall appear to have discharged his trust. And the trustee shall at the time of advertising the said sale, give notice to the creditors of the said Edward Griffith to exhibit their claim in the chancery office within six months from the day of sale with the vouchers thereof. Theodorick Bland, chr. And afterwards to wit on the 17th day of February 1830 came the trustee named in the said decree and filed in the cause his bond which with the order of the chancellor thereon endorsed are as follows. Know all men by these presents that we Henry Page and William A. Lake of Dorchester County in the State of Maryland are held and firmly bound unto the said State in the full and just sum of five thousand dollars current money to be paid to said State or its certain attorney, to which payment well and truly to be made and done, we bind ourselves our executors and administrators firmly by these presents. Sealed with our seals and dated the 13th Feby 1830 Whereas by a decree of the High Court of Chancery on or about the 25th day of December Eighteen hundred and twenty nine the said Henry Page was appointed trustee to make sale of the real estate of which Edward Griffith died seized for the payment of his debts. Now the condition of the above obligation is such that if the above bound Henry Page shall well and truly perform the trust reposed in him by the said decree, or that may be reposed in him by a future order or decree in the premises, then the above obligation to be void, else to remain in full force and effect by law. Henry Page W.A. Lake Signed sealed and delivered in the presence of Thomas Tall. I the subscriber a justice of the peace for Dorchester County in Maryland do hereby certify that I consider either of the parties obliged in the above bond to be worth five thousand dollars. Jas. Frazier Approved 17 Feb 1830 Theodorick Bland, chr.