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113 The said Hawleÿ for the said four hundred Acres of Land and shortly after goeing to the house of the said Nicholas Guyther Mary wife of the said Nicholas told the Def.t the said W.m Hawley lay very desperatly sick and the Country being taken as aforesaid and her husband a Condemned man the said W.m Hawley was minded to settle the said Land according to his former premisses on her husband and as she should direct and shee knowing the Def.t to be Concerned in part of the said Land asked his advice which way the said W.m Hawley might settle the same to prevent a seizure by the severn men the Def.t sayth true it ^is^ he that did advise the said Mary that the best way was to have the said Hawley settle the same on the Comp.lt being an infant of about a yeare old which would best secure the same to the said Nicholas and shortly after the said W.m Hawley dyed and the Defend.t Comeing after to the said Guythers house asked the said Mary if the said William Hawleÿ had settled the said Land as hee the def.t had advised to which shee answered hee had and thereupon fetcht a paper sealed upp and to the best of his Remembrance shee told him the same paper was the said W.m Hawleys last will where upon the Defend.t would have opened itt & read it but the said Mary hindered him saying it should not be opened till her husband came into the Countrey but whether the same paper was W.m Hawleys will or not he knoweth not that thereby the Comp.lt had any title to the premisses and he denyed all Combinacon w.th any person to defeat the Comp.lt and he knows nothing of the said will or ever see the same or a Coppie thereof or read or heard the same read or that the same was Supprest or Concealed or mislayd in the Rebellions tymes or whether thereby the premisses were devised to the Comp.lt nor any thing elce in relacon to the said will then as aforesaid sayth that after Hawleys death Nicholas Guyther was in possession of all the Premisses (Except what the said Hawley or Guyther had sold before the death of the said Hawley for the said Guyther had power from the said Hawley in his life tyme to sell the said land as the said Defend.t had often heard the said Hawley owne) but what was sold he knows not And the Def.t having bargained and agreed for the said four hundred acres of Land as aforesaid & paid part as aforesaid and there being about Two Thousand pounds of Tobacco unpayd of the Purchase and the said Nicholas being Returned againe and the Province Reduced to his Lordps obedience and the Defend.t having had not (ashereance) |
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Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 113 View pdf image |
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