Volume 748, Page 145 View pdf image |
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(145 so effectually proved as itt 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 deposicon thereof made by the said Will and that the words [Generall heyre] cannot Create to the person soe named any estate of inheritance Doe therefore think fitt and soe order and Decree that the said Comp.lts and their heyres doe hold and enjoy the said Land and premisses called Howland to them and their heyres for Ever according to the trust aforesaid and that the Defendant his Tennants and assignes doth forthwith deliver unto the said Comp.lts or to their said mother and gardian in trust for them or to such as shee or they shall appoint to receive the same the quiet and peaceable possession of the said Land called Howland Free and cleere of all Incumbrances done by him or any clayming by from or under him or them and that the sid Defendant doe pay unto the said Comp.lt Costs of suite in this behalfe by them and the said Richard Beck their Father layd out and Expended Att a Court of Chancery held att the Citty of Saint Maryes the sixteenth day of October in the fourth yeare of the Dominion of Charles &c Betweene Elizabeth Beck Mary Beck and Margret Beck infants ^& Daughters &^ Coheyres of Richard Beck decd of Charles County being infants under the age of one and Twenty yeares by Elizabeth Beck their mother and gardian Comp.lts and George Godfrey of Charles County Defendant Present The hono.ble Philip Calvert Esq.r Chancellor The hon.ble Coll W.m Calvert Esq Secretary The hon.ble Coll Vincent Lowe Esq Surveyo.r Gen.ll The hon.ble Coll William Stevens Esq Upon the hearing and debateing the matter in question betweene the said parties this present day in the presence of the Attornyes on both sides The scope of the Comp.lts bill appeared to bee that the said Richard Beck Father of y.e Comp.lts did in October Court in the yeare of our Lord God one thousand six hundred seaventy and seaven Exhibitt his bill of Comp.lt into this Court against the said Defendant Thereby setting forth That one Nicholas Emerson of Charles County decd haveing marryed Elizabeth the Comp.lt Richards mother by whom he had a great estate in this Province and ^in^ Virginia which he sold and disposed off to his owne use without leaveing any thing in case hee dyed for the mainteyance of his said wife or the Comp.lt Richard and John Beck his brother decd Hee the said Nicholas afterwards minding to settle on them the said Elizabeth and the Comp.lt Richard and his brother some Land for their future mainteynance about seaven yeares then since bought of one Thomas Allenson oprest of Land in Charles County called Howland conteyning two hundred acres which hee did settle on Stephen Mountague by Deed duely executed but in trust for the said Elizabeth and her Children and then tooke a Deed from Mountague to declare the Trust or bonds of Twenty thousand pounds of Tobacco penalty that Stephen Mountague should Convey the same to Feoffeer in Trust for the said Elizabeth and the Comp.lts father and his said Brother That before such deed made in Trust the said Nicholas Emerson dyed about six yeares then since and the said Elizabeth soone after alsoe dyed and the said Stephen Mountague as their Executo.r or Adm.r entred into and possessed himselfe of y.e said Emersons personall estate and all their writeings and perticularly of the said Deed of Trust or bonds aforesaid and shortly after dyed haveing first made his Will and the Defendant Executo.r to whom he devised the said Land as the Comp.lts had then heard And the said Defendant ever since the death of the said Stephen Mountague kept possession and receive the Profitts thereof refuseing to deliver the same to the Comp.lt |
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Volume 748, Page 145 View pdf image |
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