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Proceedings of the Court of Chancery, 1669-1679
Volume 51, Page 538   View pdf image (33K)
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             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
        


 
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Proceedings of the Court of Chancery, 1669-1679
Volume 51, Page 538   View pdf image (33K)
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