day of city and county of New-York aforesaid, that the said C. B. on or about the last past, did file his bill of complaint in this honorable court against E. F. and G. H. defendants, thereby, among other things setting forth, (here insert the prayer of the original bill,) the said complainant by his said bill prayed the aid of the court, and that process of subpæna might be awarded against the said defendants to appear in this court, and answer the premises, which being granted, and the defendants therewith served, they appeared accordingly; and the defendant G. H. answered and (set forth what proceedings have been in the cause,) as by the said bill, answer, &c. remaining as of record in this honorable court, relation thereunto being bad, may more at large appear. But so it is, may it please your honor, that before any other proceedings were had in the said cause, the said C. B. died intestate, whereby the said suit and proceedings become abated; since whose death, letters of administration of the goods and chattels, rights and credits of the said complainant, have been granted to your oratrix, his widow, by surrogate of the city and county of New-York, by virtue whereof your oratrix is become entitled to the personal estate of the said complainant her husband. To the end therefore, that the said bill, answer, &c. so abated as aforesaid, may stand revived against the said defendants, and be in the same plight, state, and condition, as the same were at the time of the abatement thereof. May it plecse your honor, to grant unto your oratrix the most gracious writ of subpœna ad revivendum of the People of the State of New York, issuing out of and under the seal of this honorable court, to be directed to the said thereby commanding them respectively at a certain day, and under a certain pain therein to be specified, personally to be and appear before your honor in this honorable court, and then and there to shew cause, if they can, why the said proceedings so abated as aforesaid should not be revived, and be in the same plight, state, and condition as the same were in at the time of the abatement thereof, and your oratris be further relieved in all, &c, A supplementary bill to deliver up deeds and writings. To the Honorable James Kent, Chancellor of the state of New-York. Humbly complaining, sheweth unto your honor, your oratrix A. B. spinster, one of the daughters of C. D. late of de ceased, that your orator, together with E. F. her sister, as they were day of two of the daughters and heirs at law of the said C. D. their father, did, on or about the in the year of our Lord exhibit their original bill of complaint in this honorable court, against G. H. and I. J. and L. his wife as defendants, for an account of the rents and profits of the real estate of the said C. D.: in the said bill mentioned, to one part whereof she was entitled, and also for an account of his personal estate, as he the said C. D died intestate and your oratrix and the said E. F. were two of his children. and your oratrix and the said E. F. her sister, having such title thereto respectively, as in the said bill is alleged; and that your oratrix might be let into a redemption of her father's real estate, upon paying what, (if any thing) should appear justly due, and for relief. And afterwards the said original bill was amended, and the said E. F. who had intermarried with G. H. and the said G. H. were made defendants thereto, and the said E's name was struck out from being a party to the said original bill, and the said defendants being served with proofs of subpœna, they did accordingly appear to and answer the said amended bill, and the said answers were replied unto, and issue being joined, several witnesses were examined; but before publication was passed in the said cause your orator hath discovered, and your orator by way of supplement doth now humbly charge that the said now or late had in his custody or power, or at some time or times, had seen or read some deed of settlement or writing and particularly a deed bearing date in or about the year of and concerning the real estate of the said C. D. the father; which said deed of settlement or writing to such purport or effect, was made on the marriage of the said C. D. the father, with his first wife, long since deceased, who was the father of the said and thereby, or by some other deed or writing, the said real estate of the said C. D. or great or some part thereof, was so settled and limited as that after the death of the said C. D. the father, without issue by the said , the same was to be to the use of the issue or heirs of the body or the said C. D. the father; and he the said C. D. the father has issue only one child by the said bis wife, (to wit) who died long since without issue and unmarried, but he the said C. D. the father, by , bis second wife, left issue three daughters, (to wit,) your oratrix and the said defendants said and and and your oratrix, and the are now the heirs of the body of the said C. D. the father, and entitled to the same by and under the said deed of settlement, or other deed or writing as aforesaid; and there happening some differences between the said C. D. the father in his life time, and the said , and there being a bill exhibited in this honorable court in relation thereunto, he, the said as your oratrix bath lately, and since issue was joined as aforesaid, discovered that he the said did, in his answer to the said bill of the said C. D. the father, admit that he had in his custody several deeds and writings relating to or concerning the said real estate, and particularly the said deed of settlement, made on the marriage of your oratrix's said father with the said which he the said was a trustee; and he the said in did, in and by the same answer to the said bill of the said C. D. the father declare and say, that in case the said , the son, should die without issue and under age, the lands settled on the issue of the said the father's first marriage, would come the said 's first children, as heirs of the body of the said C. D. the father as in and by the said bill of the said C. D. the father, and the said to answer thereunto, remaining as of record in this honorable court, doth and will more fully appear. But the said deed of settlement, and the said other deeds and writings, have been all along concealed from your oratrix, and he the said as he was a trustee named in the said settlement, ought to have dis covered and delivered up the same unto your oratrix, and thereby it doth and will appear, that your oratrix and her said sisters and are tenants in common of the said premises, and that the same ought to be divided between them; and if the said deed of settlement is not now to be produced, the same hath been fraudulently torn, burnt or destroyed, but how, or when, or by whom, he the doth refuse to discover. To the end therefore, that they the said and answer all and every the matters and things herein before charged by way of supplement; and that he the said may discover and set forth, whether, as he knows or believes, he at any time, and when and how long, had the said deed of settlement in his custody or power, or any other, and what deed, paper or writings to the effect or purport herein before mentioned, and what is become of such deed of settlement, and all other the deeds, papers and writings before men. tioned, or any, or either, and which of them, as he the said knows or believes, and when he last saw the said deed of settlement, or the said other deeds, papers and writings, or any, or either, and which of them; and that the said deed of settlement, and the said other deeds, papers, and writings, may be delivered up safe, and uncancelled, and that your oratrix may be relieved in the premises, as the nature and circumstances of her case shall require. May it please your honor, &c. &c. A bill of revivor, and supplemental bill. in the day of To the Honorable James Kent, Chancellor of the state of New-York. Humbly complaining, show unto your honor, your orators A. B. of the city and county of New-York, and C. D. of in the said city and county, gentleman; who are the surviving and only acting executors and trustees, named in the last will and testament of H. P. late of esquire, deceased, that your orators did, on or about the exhibit their bill of complaint in this honorable court against J. O. and T. F. gentleman, and C. his wife, late wife of the said H. P. deceased, and L. M. esquire, defendants, (amongst other things,) for a discovery of the real and personal estate of the said H. P. and in particular, what real estate he purchased after the date of his said will, and for the direction of the court, touching the trusts created by the said H. P.'s said last will and codicil; and the said defendants being duly served with process for that purpose, did appear to your orator's said bill, and the said defendants T. F. and C. his wife, and L. M. put in their answers thereto, to which said answers of the said defendants T. F. and C. his wife, and L. M. your orators replied, and issue was thereon joined, and divers witnesses were examined in the said cause, and their depositions duly taken and returned, as by the said bill, answers, replication and depositions of witnesses, all of them remaining duly filed and of record in this honorable court, relation being thereunto had, may more fully and at large appear. And your orators further show unto your honor, that before the said defendants had put in any answer to the said bill, or the said cause received a hearing, the said L. M. died intestate on or about the day of and the said I. O. also died on or about the day of in the year whereby the same suit as to them became and is abated; and your orators further show that N. P. of gentleman, hath taken out letters of administration to the said L. M. out of the office of the surrogate in the city and county of New-York aforesaid, and your orators are thereby be L come entitled to have the said suit and proceedings revived against the said N. P. and to have the same benefit thereof, and relief against him as they should or might have had against the said L. M. (unless the said N. P. can show good cause to the contrary ;) and the said N. P. ought to admit assets of his said intestate come to his hands, to answer any demands your orators have against the estate of the said L. M. or else to set forth a particular and true account of his said intestate's estate, and how the same hath been applied and disposed of. And your orators further show (by way of supplement,) that the said H. P. having contracted for or purchased the estate of and other lands and tenements thereunto belonging, which was and were formerly the estate of esquire, it is pretended the same was so done after the date of the will and codicil, or some of them; and the said laying some claim thereto, it is also pretended that the said and right and interest therein, and thereto to the said conveyed their who is, as is pretended, in his life-time, duly made and published his last will and testament in writing, and therein and thereby devised part of the said estate late of the said county of the said to in the wife of sister, for her life, remainder to and is heirs; and other to and her heirs; and the other part lands, to and his sisters, and whom, as it is pretended, he made executrixes of his said will, either to them and their heirs, or in trust to pay his debts, the residue thereof, after payment of his debts, to the said his brother, and his heirs; and the said their son and and bis pretend some wife, and right or title in or to the said lands and premises, late Mr. yet they refuse to discover what their said claims were, or by what deed or title they claim, or who is in possession thereto, and of every part thereof; and though your orators are advised, to the end it may be determined by this court, whether all or any part of the said late Mr. 's said lands and estate, is part of the trust estate intended to be settled by the said that purpose, the said title he claims therein or thereto, 's will or codicils; and for ought to set forth what right or or to any part thereof, if any; and |