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Robert Treat Paine Papers, Volume 2

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From James Freeman

26 February 1757

To Richard Cranch

3 March 1757
10
From Abel Willard
Willard, Abel RTP
Lancaster February the 26 1757 Sr:

I have here Inclosed to you a Copy of a Condition of a Bond for you to consult some Gentlemen of the Law upon. You'll see by the Bond that the Obligee has conveyed to the Obligor a Farm, by reason of the oligors becoming Security for him. Now I want to know (1st) whether the Obligor can't eject the Obligee without paying the Debts, if he Indemnifys the Obligee from them (2dly) the Method we must take in Selling this Place whether by a private or public Sale, (I should be glad you would be very particular in your Answer to this Question). (3dly) whether the obligor won't be Oliged to pay the Obligee the overplus after the Debts mentioned in the Bond are paid immediately upon the Sale of the Place. I have sued the Obligee out of Possession thinking this Bond would operate only as a Bond of Indemnification with regard to the Debts mentioned in the Bond, but as the Man that I have to deal with is a critical Chap I should be glad to be advised & I should be glad you would send what Method I shall take in the selling the Place by the Bearer hereof, and I should be glad if you would advertise the Place if it should be necessary to be advertized for sale. The Bearer hereof will give you the description of the Place & also Money to pay for the advertizement. The Writ here inclosed be so good as to give to Dean the Sheriff1 & ask him whether he knows him & if he does not desire him to enquire where he lives & if I have not call'd him right be so good as to alter it. Send me word if you can what these Ticketts have drawn Ser. No. 5169 5170 - 36282 - I am yr. hble. Servt.

ABEL WILLARD

N.B. Write me how that Bond will operate, & what method must be taken to avoid all trouble & I'll See that you have a fee for your trouble & fail not by sending by my Uncle Willard,3 & if I have not stated it in Such a manner as you can understand it, you must find it out by my Uncle, for I am half crazy—

P.S. I shall write by the next Post of news of another kind but now I have not Time

To be sold to the highest Bidder on Thursday the blank day of April next at one oclock P.M. at the House of Capt. James Read in Lunenburgh11 a Choice Farm containing ninety acres, with a Convenient House Barn & good Orchard Scituated in Lunenburgh

RC ; addressed: "For Mr. Robert Treat Paine in Boston"; endorsed. Note on reverse: "tell the Officer to take Security upon the Inclosed Writ or not serve it."

1.

Unidentified. Stephen Greenleaf was sheriff of Suffolk County at the time (William H. Whitmore, The Massachusetts Civil List [Albany, N.Y., 1870], 79).

2.

The Boston Gazette of Mar. 7, 1757, does not list Willard's numbers among those winning prizes.

3.

Jonathan Willard (ca. 1695–ca. 1757) of Lunenburg.