| Volume 51, Page 502 View pdf image (33K) |
502 Chancery Court Proceedings, 1677.
Liber P C in as good plight as they were against the said Thomas Mathews
which being granted and the Said Def.t therewithall served he
appeard by his attorney aforesaid but shewed noe cause to the Con-
trary 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 Condicon 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.th 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 Capt
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 god Sonne & his heyres for ever
and that the said will was in the tyme of the late Usurpacon by
ifendall and fuller or (as his honn.r the Chancellour deposes) it
might be recorded by Henry Hide in the yeare one Thousand Six
hundred Sixty being dureing that 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 hon.ble the Lord Prop.ry 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 & prem-
isses to any person or persons whatsoever from the said Comp.it in
whome only the Estate was and that the Said Comp.it being an
Infant under age was not bound by any act done by his ffather or
any other as his Guardian Soc 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 minor-
ity 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 suf-
ficiently reimbursed himselfe the purchase money by him supposed
to be paid by the pception of the meane profitts with an over plus
and that 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 are likewise voyd and
p. 117 of noe force to barr the Clayme of the said Comp.it in and to the
same and doth therefore think fitt and soe order adjudge and Decree
that the said Comp.it doe and shall have hold and enjoij the said
Lands and premisses w.th their appurtenances lyeing att St Jeromes as
aforesaid and before particularly mentioned to him & his heyres for
ever according to the true intent and meaning of the said W.m
Hawley in his Last will and testament aforesaid in an absolute Estate
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| Volume 51, Page 502 View pdf image (33K) |
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