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Acts of the General Assembly hitherto unpublished 1694-1698, 1711-1729
Volume 38, Page 385   View pdf image (33K)
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Acts. 385


citing that whereas the said John Contee had on the Thirty first day
of July then Last past made his Last will and Testament In writing
then Recorded in the perogative Court Of This province naming
Mary his wife Sole Executrix thereof and that he had well Con-
sidered and perused the said will and declared his free Approbation
thereof but that before he Could Sign and Solemnly publish the
Same he died Suddenly notwithstanding which recital it is now made
manifestly Appear to this Assembly that the said pretended will was
wrote by a person Verry Officious to Oblige The said Mary in a room
Distant from that in which The said John Contee Lay Sick where it
was not possible for him to Communicate his mind to the said writer
and that after the said pretended will was wrote and brought to
him he Refused to perfect the same and Declared his Disapprobation
thereof and Could never be prevailed on to perfect the same Though
Frequently Importuned and tho he Lived Severall Days after the
writing the said Instrument and Continued all the time of Sound
and disposing mind And whereas it is Likewise made Appear to

Liber LL, 5
Acts

This Assembly that the Evidence which Induced The former As-
sembly to pass the said Act were partial Examinations of wittnesses
by an Officer who had Certified under his hand in the name of his
Office which was Judicial that the said Will was prov'd in Common
form before him whereas in truth the very paper Pretended to be the
Designed will of the said John Contee being produced to this present
General Assembly Appears to have been neither Sign'd nor Sealed
By the pretended Testator and Consequently could not be prov'd in
Common form without Evident perjury By which and other means
too shocking to be Transmitted to posterity but not too shocking
to be then made use of by the Interest and Influence of particular
persons in power by whose Interest and Influence the said Act past
both Houses of Assembly the very next Day after Leave was
given To bring in the Bill Contrary to the Standing rules of The
Lower House whereby the Heir at Law and other Legal represen-
tatives of the said John Contee who were Subjects of Great Brittain
and then actually resideing in Great Brittain were Devested of the
real and personall Estate of the said John Contee without The Least
notice of such a proceeding or Opportunity of defending their Right
Contrary to Equity and naturall Justice all which appears more fully
sett forth in the petition Lodged in the proper Office and is well made
Out to this present Generall Assembly And Whereas Due notice of
the application hath Been Given to Mr John Bruce the father and
Natural Guardian of Charles Bruce Son and heir att Law of a Sup-
posed Sister of the said Mary the wife of the said John Contee and
unto William Rogers John Courts John Speake Richard Speake and

p. 84

John Neale being all the persons known that had any Claim to the
Estate of the said Mary by purchase or Otherwise within this prov-
ince Or under the said pretended Will, Be it Therefore Enacted by
26

p. 85



 
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Acts of the General Assembly hitherto unpublished 1694-1698, 1711-1729
Volume 38, Page 385   View pdf image (33K)
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