should be relieved therein. In tender consideration whereof, and for that there are divers other errors and imperfections in the said decree and proceedings, by reason whereof the same ought to be reviewed and reversed; and that the first decree made by, &c. ought to stand and be confirmed, &c. To the end therefore, that the said last decree, and all the proceedings thereupon may be reviewed and reversed, alted, &c. and that the said, &c. may answer the premises; and that your orator may be relieved in all and singular the premises according to equity and good conscience, &c. May it please your honor to grant the most gracious writ of subpoena of the people of the state of New-York, issuing out of and under the seal of this honorable court, to be directed to, &c. commanding him, &c. &c.

A bill for a specific performance of an agreement for the purchase of a lease.

To the Honourable James Kent, Chancellor of the state of New-York. Humbly complaining, sheweth unto your honor, your orator A. B. of the city and county of New-York, that C. D. of the said city and county, being or pretending to be, possessed of a leasehold messuage, tenement and garden, with the appurtenances, situate in the city and county of New-York aforesaid, which he held by a lease granted from E. F. of the city and county aforesaid, for the term of years, commencing from last, and he being wil

ling and desirous to sell and assign over the said term, given on or about the month of last, (after several meetings had for that purpose,) came to an agreement with the said C. D. for the absolute purchase of the said lease, and all his interest therein; and which agreement was reduced into writing, and is in the words and figures following, (that is to say,) August 4.-Memorandum, It was this day agreed by and between C. D. of in the county of

and A. B. of said place, that the said C. D. shall, on or before the day of August, inst. grant, bargain, sell and assign over unto the said A. B. all that messuage or tenement, and garden, with the appurtenances, except one cellar, now in the occupation of E. F. situate in in the county of street there, and which was lately in the possession of C. D. and by him held, by leave of G. H. gentleman, for the term of mence from

in

years, to com

last, and the said A. B. is in consideration of

K

the sum of dollars, per annum, to have the said premises for the remainder of the said C. D's. term, free from taxes and reparations:" and the said C. D. in consideration of this agreement, hath received of the said A. B. sum, as in and by the said memorandum or agreement, signed by the said C. D. and your orator, in the presence of W. D. and J. S. now in your orator's custody or power, ready to be produced, relation being thereunto had, may more fully and at length appear.

And your orator further sheweth unto your Honor, that your orator was always ready and willing to perform his part of the said agreement, and to have accepted an assignment of the said lease pursuant thereto; and for that purpose your orator caused a common assign ment of the said lease to be drawn for the remainder of the said term of years, and which was to commence for the day

of

last, pursuant to the said agreement, and tendered the same to the said to be executed by him, and likewise your orator at the same time offered to execute a counter-part thereof; and your orator bath frequently, both by himself aud others, both before and since such tender and offer made, applied to the said C. D. in a friendly manner, and requested him to deliver up the said leases, and to execute the said assignment as aforesaid; and which your orator did not in the least doubt, but the said C. D. would bave done,

But now so it is, may it please your honour, that the said C. D. combining and confederating to and with divers other persons, at present unknown to your orator, whose names when discovered your orator prays may be herein inserted, and they made parties hereto, with apt words to charge them, endeavouring to wrong and injure your orator in the premises, he the said C. D. peremptorily refuses to perform the said agreement, and to deliver up the said lease, and execute a proper assignment thereof to your orator, or to permit your orator to enter and take possession of the said messuage or tenement and premises, pursuant to the true intent and meaning of the said agreement.

In tender consideration whereof, and forasmuch as your orator is remediless in the premises by the strict rules of the common law, and cannot compel a specific performance of the said agreement, but by the aid and assistance of this honourable court, where matters of this nature are properly cognizable and relievable: To the end, therefore, that the said C. D. and his contederates (when discovered) may, upon their corporal oaths, true, direct, and perfect answers

make, to all and singular the matters aforesaid, and that as fully and particularly as if the same were here again repeated and interrogated, and more particularly that the said C. D. may set forth and discover whether he did not enter into such memorandum or agreement as herein before is mentioned, or any other and what memorandum or agreement; and whether your orator bath not caused a common assignment of the said lease to be drawn and tendered to him, the said C. D. to be executed pursuant to the said agreement; and whether your orator bath not, since such tender made, by himself and others, requested the said C. D. to execute the said assignment, and specifically to perform the said agreement; and whether he hath not refused so to do, and why, and for what reason; and that the said C. D. may be compelled to a specific performance of the said agreement, and may execute a proper assignment of the said lease, for the remainder of the said term of years yet to come and unexpired, to your orator, according to the true intent and meaning of the said agreement, and that your orator may have such other and further relief in all and singular the premises as to your honor sha!! seem meet, may it please your honor, &c. &c.

the

A bill to revive and amend.

, your

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, gentleman, C. D. late of the city and county aforesaid, and E. F. of said place, administrator of all and singular the goods and chattels, rights and credits of I. S. late of the city and county aforesaid, deceased, with the last will or testamentary schedule of the said I. 8 annexed. That on or about day of which was in the year of our Lord orators exhibited their bill of complaint unto this honorable court, against GH. I. J. K. L. M. N. O. P. Q. of the city and county of New-York aforesaid, and R. S. for an account of the personal estate of the said I. S. and for an injunction, and to be relieved touching the several matters and things in the said bill of complaint specified. And your orators further show unto your honor that the said defendants being duly served with process to appear to and answer the said bill, they the said defendants severally appeared accordingly, and put in their answers thereto, and the injunction obtained by your orators in the said cause was dissolved; and thereupon your orators, in

or about

terin,

obtained an order to amend their bill of complaint, and the same was amended accordingly against the said defendants, and one J. K. was added a party thereto. And the said defendants, being all duly served with process to appear to and answer the said amended bill, they severally appeared accordingly and put in their answer thereto, and the injunction granted upon exhibiting the said amended bill, was (upon showing cause) also dissolved, as in and by the said original and amended bill, answer, order, and other proceedings had in the same cause, and now remaining as of record in this honourable court, may more fully appear, and which your orators hereby crave leave to refer themselves to. But before any further proceedings were had in the said cause, the said G. H. departed this life, to wit, in or about the month of last past, whereby the said suit as to him became and is abated; and your orators further show unto your honor, that the said G. H. did, in his life time, duly make and publish his last will and testament in writing, and thereof constituted and appointed V. W. his wife, executrix, who duly proved the said will before

, surrogate

of the city and county of New-York, and possessed herself of all her said testator's personal estate, more than sufficient to pay his funeral expenses, and all his just debts; whereby the said suit ought to be revived as against the said V. W. his executrix, who now stands in his place and represents him, and your orators (as they are advised) are intitled to have the same relief against her with respect to the personal estate of the said G. H. as they would have been entitled to against him the said G. H. had he been living; and she ought to answer the premises, and ought either to admit assets of the said G. H. sufficient to satisfy your orators' demands, claimed by the said original and amended bill, or ought to discover and account for his personal estate, as is usual in such cases.

To the end, therefore, that the said suit and all proceedings therein may stand revived, and in the same plight and condition as they were at the time of the death of the said G. H. and that your orators may have the benefit thereof, and that the said V. W. may answer and set forth whether the said G. H. did not make his last will and testament, and thereof did not appoint her the said V. W. executrix as herein before set forth, and whether the said G H. did not depart this life at or about the time herein before set forth, or at or about what other time; and whether the said V. W. did not prove the said will before surrogate of the city and county of New-York, and possess herself of the said

G. H's personal estate; and that the said V. W. may either admit assets of the said G. H. to have come to her hands sufficient to pay all his debts, funeral expenses, and legacies, and also to answer your orators' demands; or if she shall pretend that the said G. H. did not leave a sufficient personal estate for that purpose, then that she may set forth an account of all debts she pretends to be owing by her said testator, and to whom, and for what, and upon what securities, and that she may likewise set forth a full, true, and particular inventory and account of all and every the goods, chattels, and other personal estate and effects which the said testator G. H. was at his death possessed of, interested in, or in any ways entitled unto, with the nature, quantities, qualities, and full and utmost values thereof, and what part has come to her hands, or to the hands of any other person, and whom, for her use or with her privity, consent or procurement, and how the same has been paid, applied, administered, sold, or disposed of by her, or any other person, by her direction or privity, and when, and by and to whom, and for what, and that the said V. W. may show cause, (if she can) why the said suit and proceedings thereon should not stand and be revived; and that the same may be revived; may it please your honor to grant unto your orators the most gracious writ of subpoena of the people of the state of New-York, issuing out of and under the seal of this honorable court, to revive and answer, to be directed to the said V. W. thereby commanding her, at a certain day, and under a certain pain therein to be inserted, personally to be and appear before your honor in this honorable court, then and there to answer the premises, and to show cause, if she can, why the said suit and proceedings therein had should not stand and be revived against her, and be in the same plight and condition as they were at the time of the death of the said G. H.-and further, to stand to and abide such order and decree in the premises as to your honor shall seem meet; and your orators shall ever pray,

&c.

A bill of revivor brought by an administratrix to revive the suit wherein her husband was plaintiff, who died pending the suit.

To the Honorable James Kent, Chancellor of the state of New-York. Humbly complaining, sheweth unto your honor, your oratrix A. B. of the city and county of New York, widow, relict and administratrix of the goods and chattels, rights and credits of C. B. late of the