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323) Cause why y.e s.d Thomass title to y.e s.d third part & y.e partition so as afd made between y.e s.d Benj.a Nathan.ll & Sam.ll should not be confirmed by y.e decree of this Court & then y.e s.d Charles Ashcomb y.e heir of y.e said Sam.ll by y.e same decree compelled pursuant to y.e agreement afd between y.e s.d Sam.ll Ashcomb & Thomas Parslow to confirm y.e same to y.e s.d Thomas Parslow & his heirs as in equity he ought To which Bill y.e s.d Charles Ashcomb & Mary Ashcomb appeared & put in their severall answers to y.e s.d bill & y.e s.d Mary by answer confessed she believed there was such division made between y.e s.d patentees as afd & y.t y.e s.d Sam.ll sold his part to y.e s.d Parslow & y.t Nathan.ll divided his Divident to one of his Children which she claimed for y.e s.d Child being distinct from y.e p.t y.e s.d Sam.ll sold to Parslow & y.t she claimed no Interest in y.t p.t & believed y.e s.d Parslow had made Improvem.ts upon y.e same & y.t she had nothing to say but y.t y.e divident so bought of y.e s.d Samuell might be decreed to y.e s.d Thomas Parslow & his heirs according to y.e s.d Agreem.t if to this Court it should seem convenient & so she prayed to be dismisst with her reasonable Costs herein wrongfully sustained And y.e s.d Charles by Answer confessed y.e substance of y.e s.d bill as he so heard being then in England & y.t he was advised by his Councill y.t if y.e s.d partition was made by Lott as in y.e bill was expressed it was good & valid in Law to disjoynt & anull y.e joynt tenancy afd And therefore y.e deft saving to himself & his heirs all & whatsoever equitable lawfull Right remaines in or accrues to him or them of in or to any p.t or pcell of y.e s.d Land in y.e s.d bill mentioned he said y.t he should no farther of his own knowledg oppose but y.t y.e decree of this Court might pass for y.e Confirmation of y.e Complts title (saving to y.e deft his Right afd) if to this Court it should seem agreeable to Equity And so also prayed to be dismisst with his Costs herein sustained But before any farther proceedings was had in y.e s.d Cause y.e s.d Thomas y.e s.d Thomas Parslow about decemb.r 1693 died having before his death made his Will in Writing & thereby bequeathed to y.e Complt Helena all & singular his Estate both reall & psonall Land stock &c.a to her & her heirs forever & made her his sole Exec.rs By which y.e s.d suit did abate By virtue whereof she claimed y.e s.d dividend of Land & so y.e s.d Complt prayed a decree for y.e same as afd & so they also prayed y.e assistance of this Court & a spa ag.st y.e same defts to appear in this Court & answer the p.rmisses Which being granted & y.e s.d defts therewith served y.e s.d Charles & Mary Ashcomb as also y.e s.d other defend.ts appeared by their s.d Attorneys & allthô they were by this Court ordered to put in their s.d Answers by a time by this Court limitted & appointed yet they refused so to do or to shew any Cause why y.e s.d suit should not stand revised in such plight as y.e same stood at y.e time of y.e death of |
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Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 323 View pdf image |
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