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The Committee appointed to take into consideration the Petition of William Alston, referred by the Congress, reported as follows, to wit:
Your Committee having inquired into the several allegations set forth in the said Petition, together with the defence of the defendant, and every pregnant circumstance relative thereto, do report as follows: They find that about August, 1775, the said William Alston, in behalf of the orphans of Solomon Alston, deceased, in the said Petition mentioned, obtained, under the signature of Josiah Martin, Esq˙, Governour, &c˙, of North-Carolina, a writ of Ne Exeat Regno, against John Henderson (who intermarried with Sarah, widow of the said Solomon) for mat-practices in his administration of the said deceased' s estate, which said writ of Ne Exeat Regno your Committee find to be unduly and ineffectually executed; and further, they find that the sum of one thousand six hundred and twenty Pounds, Proclamation money, bequeathed to two of the orphans, to wit: Lemuel and Henry, in the said Petition mentioned, hath been improperly applied by the said Henderson, or at least not according to the express devise of the said Solomon. Your Committee therefore are of opinion (exploding altogether
The House taking the same into consideration, concurred therewith.
Alston
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the proceedings on the writ of Ne Exeat Regno) that the said Henderson be held to sufficient security for his not removing any part of the said deceased' s estate out of the Province, or in default thereof, that the whole of said estate be put and placed in the hands and possession of the other two executors of the said Solomon, to wit: Joseph John Williams and William Alston, for the use and emolument of the orphans, to wit: Charity, Lemuel, and Henry. Your Committee further conceive that the intention of the testator, respecting the tuition of his children, is in some measure defeated by the intermarriage of his widow with the said Henderson; we therefore submit to the consideration of the House, whether it may not be expedient to place the said orphans under the care of some other person, so that their education and bringing up may be suitable to their rank and fortune.