Whipple Aldrich v. Joesph M. Hernadez

Whipple Aldrich v. Joesph M. Hernadez

Lower Court

  • St. Johns County


  • 1857


  • 473


  • 854


John Rodman became incapacitated for business and left this then Territory of Florida as set forth by said complainant and in his said Bill of Complaint and that the said Complainant is now the sole surviving executor under the last will and testament of said Robert McHardy.

Another Defendant further answering saith that he has been informed and believes the said Robert McHArdy was somewhat indebted at the time of his death, but to whom he was so indebted or the amount and nature of his indebtedness this Defendant knows nothing and he leaves all the parties claiming to be creditors of said estate to produce in support of their claims such proof as this Honorable Court may require and should it appear that at the time of his death the said Robert McHardy was indebted as alleged in the Complainants Bill of Complaint he submits to this court and urges that this said several claims was discharged and cancelled by the said Executor who first took upon themselves the administration of the said Robert McHardys Estate and that all his debts and claims against the said Robert McHardy's Estate and barred [?] of presentation and legal notice to the executors and by the Statute of limitations, and are no longer valid and Subsisting claims against said complainant as said executor.

And this Defendant further answering saith that he has been informed and believes that prior to death, the said Robert McHardy did make an assignment of his property to the said John Rodman for the purpose among other of paying his just debts and that the provisions of said deed of assignment [?] correctly set for tin said Complainants Bill