Andrew Phillips v. Lott Phillips; Hunterdon County, NJ

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Hunterdon Co. Misc. Records

Affidavit 964
Andrew Phillips v. Lott Phillips	In Debt to Rule to the cause

Jesse Titus, Senr.
      Witness has understood from Andrew Phillips the plaintiff that the 
judgment confessed in the above case included --- legacies given by the wil of 
John Phillips, Senr.
Decd. among which was a legacy of ten dollars given to deponents wife Mary.  
Previous to the judgment deponent had given no order or consent that his wife's 
legacy should be included in the said judgment --- --- --- that it was included 
untl the place was set up for sale on the execution in the above cause.  
Plaintiff informed of --- that all thepeuniary legacies were included.  John 
Phillips one of the legatees, son of the testator died before his father.  
Hannah wife of Richard Hunt another legatee, daughter of the testator, died 
since her father's decease.  John Phillips the testator died about the 
nineteenth of May last three years ago.  Hannah died a year ago last September.  
Deponent understood plaintiff shortly before the judgment was entered that the 
defendent Lott Phillips owed hiim about twenty or twenty five dollars and he 
intended to have it as soon as he could.  Deponent being cross examined --- the 
part of the plaintiff says that he is willing that his --- be included in the 
aforesaid judgment should remain or it ever --- is now willing and never made 
any objection to Andrew Phillips acting for her in --- and collecting the said 
legacy
                                                 Jesse Titus
Sworn and --- this 21 day of October, 1822 before me George Rue


Andrew Phillips v. Lott Phillips      In debt on Judgment & Excon.

William Wharton Jun. of full age & alleging himself to be conscientiously 
scrupulous of taking an oath & being duly affirmed according to law on his 
solemn affirmation saith That in a coversation which he lately had with Andrew 
Phillips the plaintiff in the above stated judgment respecting the same - the 
said Phillips acknowledged that the said judgment was taken in part of several 
legacies bequeathed by the will of John Phillips decd to his daughter Rhoda, son 
John & others of his children - That the said legacies had not been paid to the 
said Andrew previous to the taking of the said judgment and that John Phillips 
one of the legatees died before the testator and farther saith not
                                                 William Wharton Jr.
Affirmed & subscribed this 8th August 1822
      before John Coryell


William Wharton Jun. Being duly affirmed saith that in a conversation with the 
Plaintiff he--- that if he recovered the money on this judgment he would pay the 
legacies; otherwise he should not, and the other legatees might revolke to the 
law - plaintiff said
the judgment included a legacy of two hundred dollars to Rhoda, one of one 
hundred dollars and thirty three cents to John and five other legacies of ten 
dollars each and a Debt of upwards of eighty dollars --- to himself - plaintiff 
said he had not paid the legacies when he took the judgment - Also that his 
brother John one of the legatees died before his father if other than ---
                                                William Wharton Jr.
On cross examination affirmed and subscribed this day year aforesaid
                                                George Read