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152) same purpose But the ignorance of the Clarke that drew the said will the words [and their heyres for ever] were left out and omitted and that this Defendant and ^the said^ John Gater were advised by their Councell that as the said will was penned they were by Tennants for life of and in the premisses for want of the words [and their heyres for ever] for in equity otherwise in trust for the paym.t of the said Moorelys Debts and that in strictnes of Lawe after their decease the Lands would descend to the next heyre at Lawe or for want of such heyre the same would escheat to his Lordpp whereupon this defendant and the said John Gater being assured that the said Joseph Moorely dyed leaveing no heyres and soe the interest of the premisses would escheat to his Lordpp after their decease The said Defendant did apply himselfe to his Lordpp by his humble peticon that his Lordpp would be pleased to grant yo.r peticon.r and the said John Gater a Pattent of Confirmacon of and for the said Laws the better to enable them to performe the said trust and pay the said Testators debts And thereupon his said Lopp upon reading of the said peticon and Will of the said Joseph Moorely was very well satisfied in the intencon of the said Joseph Moorely to give the said Lands absolutely to the said Defendant and the said John Gater for the paym.t of his debts and declared that his Lordpp was willing to grant to them what right or title should devolve upon his Lordpp for want of heyres of the said Joseph Moorely but sayed the securest way was for the Credito.rs to Exhibitt their bill in equity and to have the said Lands Decreed to them and their heyres for ever and the said Defendant sayed soe as the Land and premisses might bee absolutely Decreed to this Defendant and ^the said^ Jn.o Gater and their heyres for ever hee was and should bee ready and willing to satisfie and pay unto the Comp.lts and all other the Credito.rs of the said Joseph Moorely their Just and due debts and soe concluded his answere as by the said bill and answere remaining of Record in the Secretaryes office may more att large appeare And the said Cause soe standing upon bill and answere this day ready for hearing Upon the heareing and debateing thereof and reading of the said Joseph Moorelys will and the Hon.ble the Chancello.r being p.rsent when the said Defendant Exhibitted his peticon to his Lordpp the Lord Prop.ry and heard his Lordpp declare the thoughts of the Trust for paym.t of Debts and that his Lordpp was ready and willing to grant what right hee should att any time have therein This Court was fully satisfied that it was the intencon of the said Moorely by sale of the said Lands to pay his debts and to that end and purpose he gave the same to the said Executo.rs Robert Proctor and John Gater did therefore thinke fitt and itt is this p.rsent day that is to say on Thursday the sixteenth day of October in the fourth yeare of the Dom of Charles &c by the Hon.ble Philip Calvert Chancello.r Willm Calvert Secretary Vincent Lowe and Willm Stevens and by the power and authority of the High Court of Chancery ordered adjudged and Decreed that the said Robert Proctor and John Gater shall and doe hould |
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Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 152 View pdf image |
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