2911760. Septr. 24th. (Adams Papers)
Ephraim Jones, being a Widower and having two Children by a former Wife marries another, and soon after dies, leaving a Widow, and the two Children, mentioned before. The Widow takes one third of the personal Estate, for ever, and is endowed of one third of the real Estate, which she lets out to one Tower, as we say to the Halves. Tower breaks up, and plants 1/2 a dozen Acres of the Land with...
292Septr. 24th. 1760. (Adams Papers)
If I am the Proprietor of an House, and I lease it to any Man, and bind my self to keep it in Repair, it is reasonable and it is Law, that I should have a Rent. So if I am the owner of a ship, and I let it out on a Voyage to the Wist Indies or to Europe it is reasonable, and the maritime Law has made provision that I should have freight. For the sum of Money, that an House or a Ship would...
293[October 1760] (Adams Papers)
Waited on Mr. Gridley for his Opinion of my Declaration Lambard v. Tirrell, and for his Advice, whether to enter the Action or not. He says the Declaration is bad and the Writ, if Advantage is taken, will abate. For It is a Declaration on a Parol Lease, not on a Deed, and therefore the Lessee’s Occupancy ought to be sett forth very exactly, for it is his Occupancy, not any Contract, that...
294Octr. 7th. 1760. (Adams Papers)
Waited on Mr. Gridley for his Opinion of my Declaration Lambard v. Tirrell, and for his Advice, whether to enter the Action or not. He says the Declaration is bad and the Writ, if Advantage is taken, will abate. For It is a Declaration on a Parol Lease, not on a Deed, and therefore the Lessee’s Occupancy ought to be sett forth very exactly, for it is his Occupancy, not any Contract, that...
2951760. Oct. 9th. (Adams Papers)
In Support of Complaint in Case Neal’s Action is not entered. I do not know, nor is it possible for your Honours to determine, what Reason induced the Plantiff to renounce this suit. Whether it was, because the Estate is insolvent, or because he had no Cause of Action, or because his Action was mislayed, or because his Writ was bad, which by the Way is very probable, considering who drew it,...
2961760. Oct. 11th. (Adams Papers)
Neals Action is entered so that I have two Actions to defend by Pleas in Bar and three of the Actions I entered, are to be defended, Clark is to Plead in Abatement and Tirrell and Thayer are, I suppose, to plead to issue. Clark gave a Note of Hand to Captn. Brackett in his Life time, and after his Death, on a Reckoning with the Administratrix, a Ballance was found due to the Estate upon Book,...
2971760. Octr. 13th. Monday. (Adams Papers)
Attended Mr. Niles’s Court this morning for John Holbrook Junior in an Action of his against Benja. Thayer Junior. Holbrook agreed with Thayer, to submit all Demands together with both Actions to 3 men. Mr. Niles told me, that he consulted Mr. Thatcher about entering his Action against Mrs. Brackett. Thatcher told him, it was as likely that she would recover Costs against him, as that he would...
2981760. Octr. 17th. (Adams Papers)
What are the Questions, on which Mrs. Bracketts Bars to Danas Actions turn?—The first Question is, whether any Action at all can be maintained vs. the Administrator of an Insolvent Estate excepting for Debt due to the Crown, for sickness and funeral Charges? And the second is, whether an Action brought before the Representation of Insolvency, can be maintained, i.e. Whether an Administrator,...
2991760. Oct. 17. (Adams Papers)
In the Beginning of May 58 Mr. Lambard, the Plantiff, gave a Lease of a House and Barn and Land in Germantown mentioned in the Writ to the Defendant Mr. Tirrell, and this Lease you will have with you. You will find by it, that Tirrill was to give illegible initial &c. the same Rent, that is sued for, in the present Action. In May 1759, i.e. at the End of the Year, Mr. Lambard went into the...
300[November 1760] (Adams Papers)
Dana says the Administrator ought not to regard the Disgrace or Trouble or Expence of a Commission of Insolvency, but if it is in the least degree suspicious, that the Estate will not prove sufficient, he must represent it so, at his first Appointment i.e. every Day, that he takes to enquire into the Value of the Estate, and the Number of Debts, is at the Risque of the Creditors, and if any...