Chancery Court Proceedings, 1679.537

     and being considerably indebted to the said Stephen Mountague as Liber P C
     hee beleives upon the Thirtieth of June one thousand six hundred
     sixty eight did passe bond of Twenty thousand pounds of Tobacco
     to the Said Stephen Mountague with Condicon to Convey the prem-
     isses to the said Stephen and pursueant to the said bond he did the
     Twenty ninth day of July one thousand six hundred sixty nine
     convey the said Land to the said Stephen Mountagne in consideracon
     of ffive thousand pounds of tobacco in an absolute estate of inherit-
     ance in ffee simple but denyed hee knew of any Trust nor doth he
     beleive there was any such Trust as in the bill is sett forth but the
     said Stephen was a purchaser for a Valueable consideracon And the
     Said Defendant further said that the Said Nicholas Emerson made
     a Will in writeing dated the Twentieth day of March one thousand
     six hundred & seaventy and made Elizabeth his wife Executrix and
     she possessed her self e of his Estate and dyed intestate That the
     fourth of January one thousand six hundred seaventy one the said
     Complt Richard administred her estate and by Virtue thereof pos-
     sessed himselfe of all their papers and if there were any such Deed
     or Declaracon of Trust or bonds as by the bill is sett forth the same
     came to the Said Richards hands That five yeares since the Said
     Stephen Mountague also dyed haveing made his Will and the
     Defendant his sole Ex.r and Generall heyre and thereby desired that
     all such debts that hee owed should be truely paid and for the due
     and true pformance thereof his intent will and meaneing was that his
     Land lyeing at Gingoomaxen being three hundred acres as also all
     his goods Cattle and Chattells Should bee appraised and disposed
     off for the payment of the said Stephens Debts and after the said
     debts were paid the remainder he did give and bequeath to the said
     Defendant whom he named his Ex.T & Gen :ll heyre aforesaid and
     bee did give and bequeath to Mary Emerson the Daughter of Nich-
     olas and Eliz.a Emerson one hundred acres of Land lately surveyed
     by M.r Richard Edelin f or him att Mattawoman joyning upon a
     Tract of Land Called Howland the Said one hundred acres being
     taken upp in trust for her use As by the said Will may appeare And
     this Defendant beleived that since the said Stephen was soe con-
     scionable to order payment of his debts and give the One hundred
     acres to Mary Emerson and was soe sensible of his Accons hee
     beleives in his Conscience had there beene any such Trust in the
     Land called Howland hee would as well have devised it to the p. 147
     Complt Richard as to ye defendant being a meere stranger to him
     said hee proved the sayed Will and thereby possessed his per-
     sonall estate and also ye Land called Howland and is in possession
     thereof and absolutely denyed the said Trust or that the said How-
     land is subject to any such Trust but sayed hee kept possession
     thereof as his pper inheritance and to him bequeathed by the said