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116 appeare and answer the Premisses and to shew cause if any he had whÿ the said suite and all the Proceedings thereupon should ^not^ stand revived against ^him^ the said Ignatius Mathews in as good plight as they were against the said Thomas Mathews which being granted and the said Def.t therewithall served he appeared by his attorney aforesaid but shewed noe cause to the Contrary of the Reviveing of the suite aforesaid whereupon the said former suite and all the Proceedings thereupon were by an order of this Court revived to stand in the same Plight and Condiccon as the same were at the tyme of the Death of the said Thomas Mathews the elder And the said Cause soe standing this present day was appointed for hearing thereof On w.ch day upon hearing & debateing of the matter in question as aforesaid and upon Reading of the said Bill and answer the severall depositions taken in this cause and that by the same proofs itt did well and sufficiently appeare and the whole Court were fully satisfied and soe declared that the said Cap.t William Hawley did make a will in writeing and thereby did devise and bequeath all the said severall lands tenements and premisses before menconed to the Comp.lt his good sonne & his heyres for ever and that the said will was in the tyme of the late usurpacon by Fendall and faller or (as his honn.r the Chancellour deposes) it might be recorded by Henry Hide in the yeare one Thousand six hundred and sixty being dureing the said usurpacon of them and their Complices and that itt might be burnt with other their pretended Records by his Honn.r the Chancellor according to an order given him by the Right honn.rble the Lord Prop.ry and that the said Nicholas Guyther father of the Complaynant had noe Right or title in Law or Equity to sell or dispose of any part of the said Lands & premisses to any person or persons whatsoever from the said Comp.lt in whome onely the Estate was and that the said Comp.lt being an Infant under age was not bound by any act done by his Father or any other as his Guardian soe much to his Prejudice and that all Contracts and sales by the said Nicholas Guyther or any other since the Death of the said William Hawley and dureing the minority of the said Comp.lt are voyd in Law and that the said Defend.ts title in and to the said four hundred Acres of Land ought to be sett aside and that the Defend.t Thomas Mathews the elder had sufficiently reimbursed himselfe the purchase money by him supposed to be paid by the pception of the meane profitts with an overplus and this the title of all other the said Defend.ts in the Bill menconed to any part of the said Lands and premisses by vertue of any sale or purchase from the said Nicholas Guyther and likewise voyd and of noe force to barr the Clayme |
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Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 116 View pdf image |
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