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146) Richard by whom the interest of the Trust aforesaid was wholly then came the said John being dead according to the Trust aforesaid And the Comp.lt Richard being newly come of age demanded the performance of the Trust aforesaid and to have the possession of the premisses ^to him^ delivered but the defendant did absolutely deny the same or that there was any trust aforesaid Therefore to discover the trust and to examine his Wittnesses in perpetuam rei memoriam they being very aged and infirme and to have y.e said Lands called Howland to the said Comp.lts Decreed and his heyres for ever according to the said trust and that y.e said Richard might bee releived in y.e premisses according to Equity hee humbly craveing the ayd and assistance of this hon.ble Court and that pcesse of Subp.a might bee thereout awarded against the said Defendant to appeare in the said Court and answer the premisses The which being grannted and the said Defendant therewithall served hee appeared accordingly and putt in his answere to the said bill and therein did sett forth That the said Nicholas Emerson haveinge purchased the said Land called Howland and being considerably indebted to the said Stephen Mountague as hee beleives upon the Thirtieth of June one thousand six hundred sixty & eight did passe bond of Twenty thousand pounds of Tobacco to the said Stephen Mountague with Condicon to Convey the premisses to the said Stephen and persueant to the said bond he did the Twenty ninth day of July one thousand six hundred sixty nine convey the said Land to the said Stephen Mountague in consideracon of Five thousand pounds of tobacco in an absolute estate of inheritance in Fee simple but denyed hee knew of any Trust nor doth he beleive there was any such Trust as in the bill is sett forth but the said Stephen was a purchasor for a Valueable consideracon And the said Defendant further said that the said Nicholas Emerson made a Will in writeing dated the Twentieth day of March one thousand six hundred seaventy and made Elizabeth his wife Executrix and she possessed her self of his Estate and dyed intestate That the fourth of January one thousand six hundred seaventy one the said Comp.lt Richard administred her estate and by Vertue thereof possessed himselfe of all their papers and if there were any such Deed & or Declaracon of Trust or bonds as by the bill is sett forth the same came to the said Richards hands That five yeares since the said Stephen Mountague also dyed haveing made his Will and the Defendant his sole Ex.r and Generall heyre and thereby devised that all such debts that hee owed should be truely paid and for the due and true pformance thereof his intent will and meaneing ^was^ that his Land lyeing at Gingoomaxon being three hundred acres as also all his goods Cattle and Chattells should bee appraised and disposed off for the payment of the said ^Stephens^ Debts and after the said Debts were paid the remainder he did give and bequeath to the said Defendant whom hee named his Ex.r & Gen.ll heyre aforesaid and hee did give and bequeath to Mary Emerson the Daughter of Nicholas ^& Eliz.a^ Emerson one hundred acres of Land lately surveyed by M.r Richard Edelen for him att Mattawoman joyning upon a Tract of Land Called Howland the said one hundred acres being taken upp in trust for her use As by the said Will may appeare And this Defendant beleived that since the said Stephen was soe conscionable to order payment of his debts and give the One hundred acres to Mary Emerson and was soe sensible of his owne Accons hee beleives in his Conscience had there beene any such Trust in the Land called Howland hee |
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Chancery Court, Chancery Record, 1671-1712
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