| Volume 51, Page 538 View pdf image (33K) |
538 Chancery Court Proceedings, 1679.
Liber P C Stephen Mountague as aforesaid and with the Generall Traverse he
Concluded his answer To which answer of the said defendant the said
Richard replyed but before any further proceedings were had in the
said cause the said Richard Beck the Complts ffather dyed leaveing
the Complt the Infant his Daughter and Coheyre And thereupon they
did in June Court one thousand six hundred seaventy Eight Ex-
hibitted their bill of Revivor into the said Court against the said
Defendant to have the said suite revived and stand in such plight
and Condicon as it did at the time of the death of the said Richard
and did also pray to bee releived touching the said Trust and that
pcesse of Supã might bee also awarded against the said Defendant
to appeare and answere the said bill of Revivor w.ch being likewise
graunted and the said defendant therewith served hee appeared ac-
cordingly and did not oppose the Revivor of the said suite and the
same stood Revived accordingly and the said parties being att issue
severall Wittnesses were Examined in the said Cause and their
deposicons duely published according to the rules of this Court As
by the said bill answere Replicacon Examinacon of Wittnesses and
other pceedings had in this Cause all of them remaining of Record
in the Secretaryes office may more att large appeare. And the Said
causes soe standing this day was appointed for a heareing thereof
This Court thereupon and upon reading of the Will of the said
Stephen Mountague and the deposicons taken in this cause was
fully satisfied that the said Trust was well and sufficiently proved to
be to the use of the said Complts and their heyres forever and that
had not the said Trust beene soe effectually proved as it was upon
the hearing and debateing the matter in question betweene the said
parties in the presence of the attorneys on both sides and the Complts
bill of Complaint and bill of Revivor and the Defendants answere
and Complts Replicacon being openly read and and heard and
severall Wittnesses examined and their deposicons duely published,
and upon hearing and debateing thereupon this Court thereupon and
upon hearing the Will of Stephen Mountague in the bill of Comp.tt
menconed and the deposicons taken this Cause was fully satisfied
that the said Trust in the bill of Comp :it menconed was well and
sufficiently 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 it was, Yet it appeared to this Court that the said defendant
had noe right or title to the said Land called Howland by the said
Will there being noe disposicon thereof made by the said Will and
that the word [Generall heyre] cannot create to the person soe
named any estate of inheritance doe therefore thinke fitt and soe
order and Decree that the said Complts and their heyres doe hold and
enjoy the said Land and premisses called Howland to them and
theyre heyres for Ever according to the trust aforesaid and that the
|
||||
|
| ||||
|
| ||||
| Volume 51, Page 538 View pdf image (33K) |
|
Tell Us What You Think About the Maryland State Archives Website!
|
An Archives of Maryland electronic publication.
For information contact
mdlegal@mdarchives.state.md.us.