536       Chancery Court Proceedings, 1679.

       Liber P C  seaven Exhibitt his bill of Complt into this Court against the said
              Defendant Thereby setting forth That one Nicholas Emerson of
              Charles County deed haveing marryed Elizabeth the Complt 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 anything in case hee dyed for the mainteyance of his Said
              wife or the Comp.lt Richard and John Beck his brother deed 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 a pcell 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 too be 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 ifeoffees 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 also dyed and the said Stephen Mountague
              as their Executo.r or Adm.r entred into and possessed himselfe of ye
              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 Executor to
              whom he devised the said Land as the Compits had then heard And
              the said Defendant ever since the death of the said Stephen Moun
          p. 146  tagne kept possession and received the Profitts thereof refuseing to
              deliver the same to the Complt Richard to whom the interest of the
              Trust aforesaid was wholly then come the said John being deced
              according to the Trust aforesaid And the Complt Richard being
              newly come of age demanded the performance of the Trust afore-
              said and to have the possession of the premisses delivered to him
              but the defendant did absolutely deny the same or that there was
              any trust aforesaid Therefore to discover the trust and to examine
              his Wittnesses in perpetuam rei memoriam they being very aged
              and infirme and to have ye said Lands called Howland to the said
              Compits Decreed and his heyres for ever according to the Said
              Trust and that ye Said Richard might bee releived in ye premisses
              according to Equity hee humbly craveing the ayd and assistance
              of this honble Court and that pcesse of Subp :a might bee thereout
              awarded against the said Defendant to appeare in the said Court
              and answer the premisses The which being graunted and the said
              Defendant therewithall served hee appeared accordingly and putt in
              his answere to the Said bill and therein did sett forth That the said
              Nicholas Emerson haveing purchased the Said Land called Howland