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Proceedings of the Court of Chancery, 1669-1679
Volume 51, Page 502   View pdf image (33K)
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              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 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 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 in
               whome only the Estate was and that the Said 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 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 in and to the
               same and doth therefore think fitt and soe order adjudge and Decree
               that the said doe and shall have hold and enjoij the said
               Lands and premisses 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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Proceedings of the Court of Chancery, 1669-1679
Volume 51, Page 502   View pdf image (33K)
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