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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 145   View pdf image
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                                                                                                                            (145

       so effectually proved as itt was Yet it appeared to this Court that the said Defendant had
       noe right or Title to the said Land called Howland by the said Will there being noe
       deposicon thereof made by the said Will and that the words [Generall heyre] cannot
       Create to the person soe named any estate of inheritance Doe therefore think fitt and
       soe order and Decree that the said Comp.lts and their heyres doe hold and enjoy the
       said Land and premisses called Howland to them and their heyres for Ever according
       to the trust aforesaid and that the Defendant his Tennants and assignes doth forthwith
       deliver unto the said Comp.lts or to their said mother and gardian in trust for them or
       to such as shee or they shall appoint to receive the same the quiet and peaceable
       possession of the said Land called Howland Free and cleere of all Incumbrances
       done by him or any clayming by from or under him or them and that the sid Defendant
       doe pay unto the said Comp.lt Costs of suite in this behalfe by them and the said Richard
       Beck their Father layd out and Expended

       Att a Court of Chancery held att the Citty of Saint Maryes the sixteenth day of October in the
       fourth yeare of the Dominion of Charles &c Betweene Elizabeth Beck Mary Beck and
       Margret Beck infants ^& Daughters &^ Coheyres of Richard Beck decd of Charles County being infants
       under the age of one and Twenty yeares by Elizabeth Beck their mother and gardian
       Comp.lts and George Godfrey of Charles County Defendant

    Present   The hono.ble Philip Calvert Esq.r Chancellor
                   The hon.ble Coll W.m Calvert Esq Secretary
                   The hon.ble Coll Vincent Lowe Esq Surveyo.r Gen.ll
                   The hon.ble Coll William Stevens Esq

       Upon the hearing and debateing the matter in question betweene the said parties this present
       day in the presence of the Attornyes on both sides The scope of the Comp.lts bill appeared
       to bee that the said Richard Beck Father of y.e Comp.lts did in October Court in the
       yeare of our Lord God one thousand six hundred seaventy and seaven Exhibitt his
       bill of Comp.lt into this Court against the said Defendant Thereby setting forth That
       one Nicholas Emerson of Charles County decd haveing marryed Elizabeth the Comp.lt
       Richards mother by whom he had a great estate in this Province and ^in^ Virginia which
       he sold and disposed off to his owne use without leaveing any thing in case hee dyed
       for the mainteyance of his said wife or the Comp.lt Richard and John Beck his
       brother decd Hee the said Nicholas afterwards minding to settle on them the said Elizabeth
       and the Comp.lt Richard and his brother some Land for their future mainteynance
       about seaven yeares then since bought of one Thomas Allenson oprest of Land
       in Charles County called Howland conteyning two hundred acres which hee did
       settle on Stephen Mountague by Deed duely executed but in trust for the said
       Elizabeth and her Children and then tooke a Deed from Mountague to declare the
       Trust or bonds of Twenty thousand pounds of Tobacco penalty that Stephen
       Mountague should Convey the same to Feoffeer in Trust for the said Elizabeth and the
       Comp.lts father and his said Brother That before such deed made in Trust the said
       Nicholas Emerson dyed about six yeares then since and the said Elizabeth soone
       after alsoe dyed and the said Stephen Mountague as their Executo.r or Adm.r
       entred into and possessed himselfe of y.e said Emersons personall estate and all
       their writeings and perticularly of the said Deed of Trust or bonds aforesaid
       and shortly after dyed haveing first made his Will and the Defendant Executo.r
       to whom he devised the said Land as the Comp.lts had then heard  And the said
       Defendant ever since the death of the said Stephen Mountague kept possession
       and receive the Profitts thereof refuseing to deliver the same to the Comp.lt


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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 145   View pdf image
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