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831 was to leave his Psonall Estate clear to his wife whome he very well know to be so Tender and loveing a Mother to his Children that she would take due care in makeing reasonable provisions for them and their future support neither does this Defendant beleive that the Complainant cann bring such proofe as he pretends that the Testators meaning was his Estate should be divided according to the directions of the Law for distributeing intestates Estate for had he meant soe it were an Easy matter in few words for him to Express himself to that purpose The Defend.t doth acknowledge that the said Estate was appraised and an Inv.ry thereof returned into the Comissarys Office and that the amount thereof may be pretty near what is in the bill suggested but that the same ought to be divided either by the rules of Law or Equity as in the Bill is suggested The defend.t is advised to the Contrary not that he means otherwise then to make a Competent and handsome allowance to the Children of the Testator especially such of them whose good behaviour may deserve his kindness the Defend.t further says that he knows not but that his wife and her late husband Andrew Wellpley might think being Ignorant of the Law that the said Andrews Estate ought to be divided as if he had made noe will and further acknowledges that he himself thought soe till he had taken advise upon the will but is now very well Informed that if the pretentions of that Compl.t were allowed in this honble Court to bring averrments that are noe way Coherrent to the plain words of the will to supply an intention noe way expressed it would open a wide Gapp for perjury and subbornation and render most of the wills that ever have been made in this province lyable to be defeated and the Testators meanings quite eluded and frustrated which is what our ancestors have allways strove to evade by makeing good provisions against frauds and perjurys The Defend.t likewise denys that the Estate is either Exhaused or Imbezled by him him but is ^in^ rather in a better Condition then at the Testators death and as for the Defendants Answering whether the Testator intended to give the full residue of his personall Estate to his wife He thinks (noe |
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Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 831 View pdf image |
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