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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 116   View pdf image
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       appeare and answer the Premisses and to shew cause if any he had
       whÿ the said suite and all the Proceedings thereupon should ^not^ stand
       revived against ^him^ the said Ignatius Mathews in as good plight as they were
       against the said Thomas Mathews which being granted and the said Def.t
       therewithall served he appeared by his attorney aforesaid but shewed noe
       cause to the Contrary of the Reviveing of the suite aforesaid whereupon
       the said former suite and all the Proceedings thereupon were by an order of
       this Court revived to stand in the same Plight and Condiccon as the
       same were at the tyme of the Death of the said Thomas Mathews the
       elder  And the said Cause soe standing this present day was appointed for
       hearing thereof On day upon hearing & debateing of the matter in
       question as aforesaid and upon Reading of the said Bill and answer
       the severall depositions taken in this cause and that by the same proofs itt
       did well and sufficiently appeare and the whole Court were fully satisfied
       and soe declared that the said Cap.t William Hawley did make a will in writeing
       and thereby did devise and bequeath all the said severall lands tenements
       and premisses before menconed to the his good sonne & his heyres for
       ever and that the said will was in the tyme of the late usurpacon by Fendall
       and faller or (as his honn.r the Chancellour deposes) it might be recorded by
       Henry Hide in the yeare one Thousand six hundred and sixty being dureing the
       said usurpacon of them and their Complices and that itt might be burnt
       with other their pretended Records by his Honn.r the Chancellor according to
       an order given him by the Right honn.rble the Lord Prop.ry and that the said
       Nicholas Guyther father of the Complaynant had noe Right or title in Law
       or Equity to sell or dispose of any part of the said Lands & premisses to
       any person or persons whatsoever from the said in whome onely
       the Estate was and that the said being an Infant under age was
       not bound by any act done by his Father or any other as his Guardian
       soe much to his Prejudice and that all Contracts and sales by the said
       Nicholas Guyther or any other since the Death of the said William
       Hawley and dureing the minority of the said are voyd in Law and
       that the said Defend.ts title in and to the said four hundred Acres of Land
       ought to be sett aside and that the Defend.t Thomas Mathews the elder
       had sufficiently reimbursed himselfe the purchase money by him supposed
       to be paid by the pception of the meane profitts with an overplus and this
       the title of all other the said Defend.ts in the Bill menconed to any part of
       the said Lands and premisses by vertue of any sale or purchase from the
       said Nicholas Guyther and likewise voyd and of noe force to barr the

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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 116   View pdf image
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