Volume 51, Page 535 View pdf image (33K) |
Chancery Court Proceedings, 1679. 535 hearing and debateing thereupon, this Court thereupon and upon Liber P C hearing the Will of Stephen Mountague in the bill of Complt men- toned and the deposicons taken in this Cause was fully satisfied, that the said trust in the bill of Complaint menconed was well and suffi- ciently proved to be to the use of the said Complts and their heyres for Ever And that had not the said trust bin so effectually proved as itt was Yet it appeared to this Court that the said Defendant p. 145 had noe right or Title to the said Land called Howland by the said Will there being noe Exposicon 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 Complts 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 Hówland ifree and cleere of all Incumbrances done by him or any clayming by from or under him or them and that the Said Defendant doe pay unto the said Comp :lt Costs of suite in this behalf e by them and the said Richard Beck their ffather 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 ye daughters and Co- heyres of Richard Beck deed of Charles County being infants under the age of one and Twenty yeares by Eliza- beth Beck their mother and gardian Complts and George Godfrey of Charles County Defendant Present The honoble Philip Calvert Esq.r Chancellor The honoble Coil Wm Calvert Esq.r Secretary The honoble Coil Vincent Lowe Esq.r Surveyo.r Gen.ll The honoble Coll William Stevens Esq.r 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 ffather of ye Complts did in October Court in the yeare of our Lord God One thousand six hundred seaventy and |
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Volume 51, Page 535 View pdf image (33K) |
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