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New-Jersey valued at five thousand dollars; a bond and mortgage from one G. M'K., the interest of which was paid up to the second day of May, one thousand eight hundred and seventeen, for two thousand dollars; J. W. B.'s bond and mortgage, the interest of which was paid up to the 28th day of December, one thousand eight hundred and seventeen, for one thousand dollars; J. R's bond and mortgage, the interest paid up to the twenty-fifth day of February, one thousand eight hundred and eighteen, for five hundred dollars; A. Y.'s bond and mortgage for four hundred dollars; and twenty-two shares in the Mutual Insurance Company for eleven hundred dollars; amounting in the whole, with interest, on the twenty-fifth day of November, one thousand eight hundred and seventeen, the day your oratrix arrived to the age of twnety-one years, to twenty-one thousand nine hundred and thirty dollars and eighty-nine cents. That the said bundle contained a variety of loose receipts and memorandums carelessly thrown together, but no account whatever of the guardianship, nor any materials out of which one could have been formed, from the said seventeenth day of August, one thousand eight hundred and seven, to the time of the delivery of the said papers to your oratrix by the said I. T. Your orator and oratrix further show unto your honour, that your orator and oratrix intermarried on the ninth day of December, one thousand eight hundred and eighteen. Your orator and oratrix further show that L. M. T., the wife of the said Archibald T., refusing to relinquish her right of dower in the premises so as aforesaid conveyed by the said Archibald T. to your oratrix, your orator and oratrix were obliged to give her an equivalent therefor, and for that purpose your orator and oratrix, on the twenty-fourth day of March, in the year one thousand eight hundred and nineteen, conveyed and assured to the said Louisa M. T. the above mentioned house situated in Newark in the state of New-Jersey, which had been so as aforesaid conveyed to your oratrix by the said Archibald T., to be had and holden to the said L. M. T., for and during the term of her natural life, as by the deed thereof from your orator and oratrix to the said Louisa M. T. will more fully appear, and to which your orator and oratrix beg leave to refer. And your orator and oratrix further show and charge, that the said house in Newark, which, in the estimate of the property so as aforesaid delivered to your oratrix by the said I. T., was appraised at the sum of five thousand dollars, is not in fact worth, subject to the life estate of the said Louisa M. T., more than one thousand dollars at the utmost. And 25 your orator and oratrix further show, that your oratrix has never received any other property whatsoever from her said guardians, excepting three promissory notes made by one S. B., amounting to the sum of four thousand dollars, which were delivered to your oratrix by the said I. T. a short time previous to the delivery of the said bundle by him to your oratrix, of which said notes the sum of one thousand seven hundred and nine dollars and seventy-nine cents have been paid, and no more; and which, after deducting the interest from the twenty-fifth of November eighteen hundred and seventeen as aforesaid, to the time the money was paid, amounted to one thousand five hundred and sixty-six dollars and sixty-one cents, and no more; and the said S. B. has since proved to be utterly insolvent, and there is not the least prospect of ever receiving from him the balance due upon the said notes. And excepting also such small sums as have been advanced from time to time for the maintenance and education of

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27 your oratrix; and which your orator and oratrix believe and charge, did not, upon an average, from the year one thousand eight hundred and seven to the year one thousand eight hundred and seventeen, exceed, at a liberal estimate, six hundred dollars a year. And your orator and oratrix further show unto your honour, that the whole amount of the property, real and personal, which has been forthcoming to your oratrix from her said gaurdians, even according to the estimate thereof made by the said Archibald T. and I. T., or one of them, does not, after deducting the interest granted to the said Louisa M. T. for her right of dower, exceed the sum of nineteen thousand four hundred and ninetyseven dollars and forty cents: whereas the personal estate alone of your oratrix, with merely simple interest, to the said twenty-fifth day of November, one thousand eight hundred and seventeen, amounts to twenty-six thousand five hundred and ninety-three dollars and eighty-seven cents; and the rents, issues, and profits of her real estate, without interest, on the first day of November, amounted to ten thousand eight hundred and fifty dollars, and sixty-three cents. And your orator and oratrix further show unto your honour, that they have repeatedly called upon and requested the said Archibald T. and I. T. to render an ac.. count of their guardianship, and to pay to your orator and oratrix what upon such accounting may appear to be justly due to them. And your orator and oratrix well hoped that the said Archibald T. and I. T. would have complied with such your orator's and oratrix's reasonable request.(1) But now so it is, may it please your honour, that the said Archibald T. and I. T., combining and con30 federating with the said John T., I. M., junior, R. D., W. D., and James Neilson and Jane his wife, with divers other persons at present unknown to your orator and oratrix, whose names, when discovered, your orator and oratrix pray may be inserted in this their bill of complaint, with apt words to charge them as parties thereto, to injure and aggrieve your orator and oratrix in the premises, wholly refuse or decline to render any account to your orator and oratrix of the said guardianship, or to pay to your orator and oratrix the sum which is manifestly due upon the statement in this your orator's and oratrix's bill set forth ;(2) and for justification thereof sometimes the said confederates pretend that they or some of them have already rendered an account of the said guardianship, and paid to your oratrix all that she was entitled to receive; whereas your orator and oratrix charge, that such allegation is wholly unfounded and untrue, and that there is now justly due to your orator and oratrix, after deducting a liberal allowance for the maintenance and education of your oratrix, considerably more than the sum of ten thousand dollars, and that without calculating the arrears of interest since the said twenty-fifth of November, eighteen hundred and seventeen. And at other times the said A. T., I. T., R. D., I. M., junior, W. D., James Neilson and Jane his wife, and J. T., pretend that the paper purporting to be a release to the said I. T., so as aforesaid signed by your oratrix, not only released and discharged the said I. T. from all accountability, both as the guardian of your oratrix and as obligor in the said bond,

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(1) Confederating part.

(2) Charging part. The words in italics were amendments made by interlineations in red ink. The words "and J. D." were struck through with a pen.

but that the same operated also to release and discharge the said R. D., I. M., junior, W. D., and James Neilson and Jane his wife, as administrators and heirs at law of the said I. D., one of the said guardians and obligors in the said bond, and the said John T., from all responsibility to your orator and oratrix in the premises. Whereas your orator and oratrix charge and humbly insist, that if any paper was executed by your oratrix purporting to be a release, the same was executed under the circumstances aforesaid shortly after your oratrix attained the age of twenty-one years, at a time when she was destitute of counsel or friends to advise her, without examining any of the papers handed to her when the said paper was so signed; her sole inducement to execute the same being the entire confidence which she reposed in the said I. T., and the full persuasion which she then entertained, that he would not require, or knowingly permit her to execute any instrument by which she would destroy or impair her just and legal rights; and therefore that the said paper purporting to be such release ought not to bar or preclude your orator and oratrix from claiming a true account of the said guardianship and payment of the money that may be due, or to protect the said Archibald T., I. T., R. D., 1. M., junior, W. D., James Neilson and Jane his wife, and John T., or either of them, from responsibility upon the said bond, executed by the said Archibald T., I. T., I. D., deceased, and John T., as aforesaid. All which actings, doings and pretences are contrary to equity and good conscience, and tend to the manifest wrong and injury of your orator and oratrix.

(1) In tender consideration whereof, and forasmuch as your orator and oratrix are remediless in the premises by the strict rules of the common law, and can only obtain relief in this honourable court, where matters of this nature are properly cognizable and relievable.

(2) To the end, therefore, that the said Archibald T., I. T., R. D., James Neilson and Jane his wife, John T. and their confederates, may, upon their several and respective corporal oaths, true, full, direct and perfect answer make to all and singular the matters herein before stated and charged,(3) (your orator hereby waiving, pursuant to the statute, the necessity of the answers of such defendants being put in under the oaths of such defendants, or the oath of either of them,) and that as fully and particularly as if the same were here repeated, and they thereto severally and specifically interrogated, and that they shall so answer, not only to the best of their respective knowledge and remembrance, but also to the best of their several and respective hearsay, information and belief. And especially may set forth and discover whether, in the month of June, 1818, the said I. T. delivered to your oratrix a bundle purporting to contain the accounts of his guardianship, and certain deeds and papers and securities for money; and whether the said I. T. did not then present to your oratrix a paper, and stated the same to be a release to him individually, and requested your oratrix to execute the same; and whether your oratrix did not sign and execute such paper at such time; and whether she examined or opened the same; and whether your oratrix had then consulted any friend or counsel as to such papers, or as to the release; and whether she did not exe (2) Interrogating part.

(1) Clause of jurisdiction.

(3) Waiver of answer under oath.

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cute the same from her confidence in her said guardian, and was not solicited and urged by the said I. T. to sign and execute the same.

(1) And that the said Archibald T. and I. T. may be decreed to render a full and true account to your orator and oratrix, of their said guardianship, and to pay to your orator and oratrix what upon such accounting may appear to be due, and that the said I. T., R. D., I. M., junior, W. D., James Neilson and Jane his wife, and John T., or such of them as may, notwithstanding the said release, be decreed to pay to your orator and oratrix, as securities upon the said 40 bond, such sum as your orator and oratrix may be entitled to in the premises; and that the said release may be declared to have been improperly obtained, and may be decreed to be delivered up and cancelled. And that your orator and oratrix may have such further relief, or may have such other relief, as the nature of their case may require and shall be agreeable to equity. (2) May it please your honour to grant unto your orator and oratrix the writ of subpœna, to be directed to the said Archibald T., W. D., I. T., R. D., I. M., junio, James Neilson and Jane his wife, and John T., junior, commanding them, and each of them, by a certain day, and under a certain penalty therein to be inserted, to be and appear before our chancellor in our court, of chancery, and then and there to answer the premises, and further to stand to and abide such order and decree therein as shall be agreeable to equity and good conscience. And your orator and oratrix shall ever pray, &c.

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B. R., Solicitor for Complainants.

R. H., of Counsel for Complainants.

No. 3.-Page 53.

PRAYER WHERE THE UNITED STATES OR A STATE IS A PARTY.

And may it please your honour, that the district attorney of the United States for the Southern District of New-York, [or the Attorney-General of the State of New-York,] being attended with a copy of this bill, may appear and put in an answer thereto, and may stand to and abide such order and decree in the premises as to your honour shall seem meet. (Willis' Equity Pleading, p. 7. Mitford, p. 24.)

In Case of a Corporation.-p. 53.

And that the said The President, Directors, and Company of, &c., may appear according to law and the course of this court,

No. 4.-Page 53.

REFERENCE TO A PAPER IN COMPLAINANT'S HANDS.

"As by the said conveyance in your orator's possession and ready to be produced, as this honourable court shall direct, will on reference appear."

(1) Prayer for relief.

(2) Prayer for process.

If recorded.

As in the preceding form to the words "shall direct," inclusive-then "or by the record thereof duly recorded in the office of register in and for the city and county of New-York, in Liber of Conveyances, p.

on the day

No. 5.-Page 53.

REFERENCE TO A PAPER IN DEFENDANT'S HANDS, AND SOUGHT TO BE SET FORTH OR

PRODUCED.

As by the said instrument in writing which your orators allege is in the possession, or under the control of the defendants hereinafter named, some or one of them, and which your orators pray may be set forth fully and truly in their or his answer to this bill of complaint, or may be produced and submitted to your orators' inspection as this honourable court shall direct, will on reference appear.

No. 6.-Page 53.

FOR AN ACCOUNT OF PERSONAL ESTATE.

or

And that the defendants hereinafter named may discover and set forth a full, true, and particular account of all and singular the personal estate and effects of the said testator, and of every part thereof which hath been possessed by, come to the hands of the said defendants, or either of them, or to the hands of any other person or persons, by their or either of their order, or for their or either of their use; with the particular nature, quantities, qualities, and true and utmost values thereof, and of every part thereof respectively; and how the same and every part thereof hath been applied and disposed of; and whether any, and what part thereof, now remains unapplied and undisposed of, and why; and whether any, and what part of such personal estate remains outstanding to any, and what amount, and why; and that the said defendants may also set forth an account of the debts due from the said testator, and of his funeral expenses and legacies; and whether any, and which of such debts are outstanding, and why?

No. 7.-Page 53.

FOR THE PRODUCTION OF DEEDS AND PAPERS.

And that the defendants hereinafter named may set forth a list or schedule, and description of every deed, book, account, letter, paper, or writing, relating