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(147 would as well have devised it to the Comp.lt Richard as to y.e defendant being a meere stranger to him said hee proved the sayed Will and thereby possessed his personall estate and ^also^ y.e Land called Howland and is in possession thereof and absolutely denyed the said Trust or that the said Howland is subject to any such Trust but sayed hee kept possession thereof as his pper inheritance and to him bequeathed by the said Stephen Mountague as aforesaid and with the Generall Traverse hee Concluded his answere 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 Comp.lts Father dyed leaveing the Comp.lts the Infant his Daughters and Coheyres And thereupon they did in June Court one thousand six hundred seaventy Eight Exhibitted their bill of Revivor into the said Court against the said Defendant to have the said suit 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 supa might bee also awarded against the said Defendant to appeare and answere the said bill of Revivor w.ch being likewise grannted and the said defendant therewith served hee appeared accordingly 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 cause 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 Comp.lts and their heyres for ever 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 attorneyes on both sides and the Comp.lts bill ^of^ Complaint and bill of Revivor and the Defendants answere and Comp.lts Replicacon being openly read 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.lt menconed and the deposicons taken this Cause was fully satisfied that the said Trust in the bill of Comp.lt menconed was well and sufficiently proved to be to the use of the said Comp.lts and their heyres for Ever And that had not the said trust been 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 Comp.lts 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 defendant his Tennants and assignes doe forthwith deliver unto the said Comp.lts or to their said mother and gardian or 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 clere of all Incumbrances done by him or any claiming by from or under him or them and that the said Defendant doe pay unto the said Comp.lt costs of said in this behalfe by them and the said Richard Beck their father laid out and Expended |
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Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 147 View pdf image |
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