USA > Massachusetts > Suffolk County > Chelsea > Documentary history of Chelsea : including the Boston precincts of Winnisimmet, Rumney Marsh, and Pullen Point, 1624-1824, vol 1 > Part 51
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sd. Depont. Together with J. Winthrop, & Jahleel Brenton Sub- seribed their names as Witnesses to the same - Jurat Cor. - Jsa. Addington.
Suffolk ss - Boston April 20. 1:01 Messrs. Benja. Lynde & Natha1. Newdigate psonally appearing made Oath That they did see the within Named Elizabeth Savage & John Shelton, and the Depont. Lynde did also see Samuel Bellingham Seal & deliver the within written Jnstrumt. as their Aet & Deed to the use therein mentioned and that they the Deponants with Robert Wolley, John Jacob, Richard Allen, Sampson Puller, & Wm. Barnard respee- tively set to their hands as Witnesses of the Execution thereof - Jur. Cor : Jsª. Addington J : Pae . Suffolk ss - At an Inferiour Court of Comon please holden at Boston for the County aforesd. on the first Tuesday of October Anno Domini 1701, Messrs. Benja. Lynde & Nath1. Newdigate personally appearing made Oath That they did see the within Named Elizabeth Savage and John Shelton and the Depont. Lynde did also see Samuel Bellingham Seal & deliver the within written Jnstrumt. as their Act & Deed for the use therein men- tioned And that they the Deponts., with Robert Wolley, John Jacob, Riehard Allen, Sampson Puller and William Barnard re- speetively Set to their hands as Witnesses of the Execution Thereof. Attests. Addington Davenport Cler
Memorandum That on the first day of Deeember anno Domini 1696 Jn presence of us ye Subseribers, Joseph Hiller of Boston in the County of Suffolk within the Province of the Massachusetts Bay in NEngland by Virtue of a Power 9 derived from the within Named Samuel Bellingham Esqr. and as his Attorney did enter into & upon one of the Messuages Tenemts. or ffarmes at Winni- simett in the Town Ship of Boston aforesd. in the County & Prov- inee aforesd. Called Smiths ffarme within mentioned and in the Mansion house thereof, full quiet & peaceable possession thereof did Take in the Name of all the Lands Tenemts. & hereditamts within & Every their appurces. in the within written Deed or Jnstrumt. mentioned & Expressed, and after full quiet & peace- able possession of the Pmises had & taken persuant to the Powers to him derived from the said Samuel Bellingham & as his Attorny full quiet & peaceable possession of the sd. ffarme Called Smiths
9 [April 16, 1695, the date of the above indenture, Samuel Bellingham executed a power of attorney authorizing Samuel Phillips or Joseph Hilde- gard (Hiller) to give livery of seizin on the premises to the attorney of Hull and Shelton. April 2, 1701, Benj. Lynde testified to the signature before Isaac Addington, J. P., and again at the October term of the Inferior Court of Common Pleas.]
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[CHAP. XII
ffarme in the Mansion house thereof Jn the Name of all the Lands Tenem's. & ffarmes with their & Every of their appurces. Jn the within mentioned Deed or Jnstrument mentioned & Expressed unto Nath1. Newdigate as Attorney 1º of the within Named Ed- ward Hull & John Shelton & unto ye. within Named Elizabeth Bellingham did give & deliver To have & to hold according to the fforme & Effect of the within written Deed; Samuel Lynde, Joseph Webb - And in the Psence of me the Subscriber one of his Majtys. Council of ye Province of the Massachusetts Bay in NEngland and Justice of Peace within ye Same.
Nathaniel Thomas 11
To all to whom these presents Shall Come Greeting Whereas Jere Beleher of Boston within Named & Sarah his wife & John Center of Boston aforesd. Hold by Lease from Richard Bellingham Late of Boston Esqr. deeed & his heirs the ffarme within Mentioned to be in ye Tenure Occupation & possession of the said Belcher ffor & dureing the Lives of her the said Sarah & him the sd. John Center Yeilding the Annuall rent of Ten pounds 12 And for asmuch as Samuel Bellingham Esq". only Son & heir of the said Richard on whom the sd Lands are decended Together with Other Lands, Hath Jn Consideration of Marraige Conveyed the said ffarme to ffeoffes in Trust for the use of the said Eliza Savage now the wife of the said Samuel Bellingham as by the within written Instrumt. doth appear, NOW KNOW YEE That wee the så. Jeremiah Belcher & Sarah his wife & John Center Doe Consent to Atturn & Do hereby Atturne unto the feoffes of the said Samuel Bellingham within Named for the use of the said Elizabeth & for the future to pay the rents of the sd ffarme as they shall become due by the aforesd Lease accordingly. Jn Witness whereof wee have hereunto Set Our hands the 19th. of Janua - 1696 - Jere- miah Belcher, Sarah Belcher \ her Mark John Center. Witness Joseph Russell, Elizabeth Thomas -
Memorandum That on the 19th day of January Anno Domini 1696, The above Named Jeremiah Belcher Sarah Beleher and
10 [On the same day, April 16, 1695, Hull and Shelton constituted Benj. Mountfort and Nathaniel Newdigate their attorneys jointly or sev- erally to receive "full & quiet Seizin and possession " of the premises. December 16, 1695, Richard Foster made oath to the signatures before Isaac Addington. April 2, 1701, Benj. Lynde made oath to the signature of John Shelton; also at the October term of the court. Both powers of attorney were recorded May 13, 1702, immediately after the indenture of lease of April 15, in Suff. Deeds, L. 21, ff. 24-26.]
11 [Mrs. Elizabeth Bellingham appointed Joseph Hiller and Nathaniel Thomas executors of her will.] 12 [See supra, p. 378.]
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John Center ; appeared before me the Subscriber one of his Majtys Council of the Massachusetts Bay in NEngland and Justice of peace within ye same and acknowledged the above written at- tournmt. to be their Aet & Deed. Nathaniel Thomas
Recd to be Recorded May 13º 1702
& is accordingly Entred and Examined
p Adton : Davenport Registr.13
Will of Elizabeth Bellingham
IN THE NAME OF GOD AMEN I Elizabeth Bellingham Wife of Samuel Bellingham of London in the Kingdom of Eng- land Esqr : being bound to Sea for the aforesaid Port of London, not knowing how it may please the wise disposer to dispose of me Do make this my last Will and Testament. First & above all I commit my Soul into the hands of God my Saviour in hope of eternal Salvation through the precious merit of my Lord Jesus Christ. And for the disposal of my outward Estate which God hath graciously given me (my sd. Husband Samuel Bellingham by Deed to Feoffees in Trust for my use and to my sole dispose having conveyed unto me all the Lands, Farmes, houses, Tene- ments and appurtenances whatsoever here in New England, for- merly belonging unto or the right of Richard Bellingham Esq": late of Boston in New England aforesd. Deced.) My Will is That my dear and loving husband Samuel Bellingham aforesd. have & enjoy all the Rents, profits and Incomes of all the sd. Lands, Farmes houses with all and singular their appurtenances for and during the terme of his natural life. Item I give and bequeath unto Harvard Colledge in Cambridge in New England the Sum' of Ten pounds money p annu for the terme of ten yeares, com- menceing from the decease of my sd. husband to be paid by my Executors out of the Rents of the aforesd. Lands, Farmes &e. Item I give unto Mr Benjamin Woodbridge ten pounds, and unto Mr Increase Mather, Mr Samuel Willard, Mr Cotton Mather Min- isters in Boston aforesd. ten pounds p piece money, to be paid by my Executors out of the first yeares Rents of sd. Lands &c after my sd. husbands decease. Item I give unto Nathaniel Thomas of Boston afores! Esq" : Twenty pounds and to Mr. Joseph Hiller of Boston aforesd. Ten pounds, and unto his Wife Mrs : Susanna Hiller Ten pounds, and unto their Children Namely Joseph Hiller, Susanna Hiller and Benjamin Hiller five pounds p piece money to be paid out of the Rents of the aforesd Lands &c within two
13 Suff. Decds, L. 21, ff. 18-22.
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yeares after the deccase of my s !. Husband. Item That at the decease of my sd. husband my Will is that Thomas Danforth Esq": of Cambridge and Capt. Samuel Sewall Esq": and the four Min- isters aforesd., Capt. Nathan". Thomas Esq": and his Wife, Mr: Joseph Hiller and his Wife & Edward Mills of Boston aforesd. have cach of them a mourning ring provided by my Excers : and paid for out of my Rents of aforesd Lands. Item I give and bequeath unto my loving Brother Edward Watts of London aforesd. Citizen one hundred pounds Sterling moncy, to [be] paid out of the first Rents of Lands &c. aforesaid. Item I give unto iny Sister Rebecca Wife unto Edward Watts aforesd. Twenty pounds p annum money [during] her natural life, and unto sueh of her Children borne of her body as she pleaseth for ever. Item I give unto their Children namely Samuel Watts two hundred pounds, and to Rebeeea Watts one hundred pounds and to Eliza- beth Watts one hundred pounds, and to each one of them the same to be paid at age or the day of Marriage, and ten pounds a year to each of them during their lives. Item I give unto my Sister Mary Smith the Sun' of Ten pounds p annum for and during the terme of fifteen years eomencing from my husbands deeease, and Fifty pounds down at the day of Marriage if she pleaseth my aforesd. Brother and Sister Watts in her mateh. Item I give unto Mr. Samuel Slaughter Minister in London, Mr. Edward Hull and Mr. John Shelton Citizens in London five pounds p piece, and to my Aunt Banniard ten pounds, and to my Cousin Elizabeth Skibbow ten pounds and to Cousin Elenor Bird ten pound, and to my Uneles Samuel Hermer and Edmund Hermer ten pounds p piece Sterling money. Item I give unto Edward Watts alias Bellingham Watts Son to my Brother Edward and Rebeeea Watts aforesd. all the remainder of my sd. Estate Lands, housing Revenues in pos- session or revertion, to him and to his heires for ever. But in ease he dye before he be of age My Will is that his Brother Samuel Watts aforesd. Sueeeed him in his aforesd. Rights, and then the bequest of Two hundred pounds to sd. Samuel Watts to be divided betwixt his Sisters Rebeeea and Elizabeth Watts. Item I desire that my aforcsd. Nephew Edward Watts be edueated in the Col- ledge aforesd. if his Parents please Lastly I constitute and appoint my aforesª Brother Edward Watts and my good Friends Capt- Na- thaniel Thomas & Joseph Hiller aforesd. to be the Executors of this my last Will and Testament, and desire my sd. Brother Watts to accept the Guardianship of his Son Edward Watts for the prem- isses in his minority. In Witness whereof I the sd. Elizabeth Bel- lingham have hereunto Set my hand and Seal this . . . day of November Anno Dom1: 1697 Anno@ RRs Gulielmi Tertii nunc
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Angliae &c nono. Elizabeth Bellingham and a Seal Signed Sealed and declared by the sd. Elizabeth Bellingham to be her last Will & Testament in presence of us, John Indecott, John Nichols, Obadiah Wakefield - Edward Mills
Examd. P. Jsa : Addington Reg./.1+
Deposition of Nathaniel Newdigate 15
This Deponent testifyes & sayth that in the year 1695 he this Deponent did bring over with him from England three Deeds of the Settlement of the estate of Samuel Bellingham Esq" uppon mr John Shelton & Mr Edward Hull ffeofees in trust for Elizabeth Bellingham his wife which said deeds were in part proved and Sworne to by Capt Richard ffoster but not recorded for want of the other wittnesses who were then absent that in the year 1696 Mrs Elizabeth Bellingham comeing over to New England and after some stay here intending to returne to England and under- standing likewise that this Deponent designed in a short time to goe to England likewise she desired that in regard of his said intended absence that the said deeds Might be left with Mr Joseph Hilliard dureing this Deponents absence which this Deponent con- sented to and further sayth that this deponent as attorney to the said feofees did give to the said Joseph Hilliard a letter of Attorney to doe and act ffor the said ffeofees in trust as should be needfull in the said Matters : After which this Deponent went for England and there recd an other letter of attorney from the said ffeofees to looke after the said estate and accordingly afterwards uppon his arriveall in New England being in the year 1699 : This Deponent Endeavoured to Act according thereto and att severall times & pticularly on the 11th of october last and once Since : this Deponent went to the said Joseph Hilliard in the Names of the said ffeofees in trust to demand the said deeds of Settlement or that he would prove and record the same; and saith that the said Joseph Hilliard Did then owne that he had the said deeds but would not deliver them to this Deponent nor prove nor record
14 Suff. Prob. Rec., L. 8, f. 282. [August 11, 1698, the will was pro- bated, and administration granted to Nathaniel Thomas and Joseph Hiller " Reserving power of making out a like Commission unto the sd. Edward Watts . . . when he shall come to desire the same," he being then in England.]
15 Chamberlain MSS., i. 77. [This deposition was made in the case of Hull and Shelton vs. Hiller in the Inferior Court of Common Pleas for Suffolk County at the January term, 1700/1701. The court record follows. ]
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[CHAP. XII
them as this Deponent desired him but said he would consider of it : Boston the 7th January 1700 [1701]
Nath" Newdigate -
January 7th 1700 [1701] Sworne in Court Attests Adton Daven- port Cler.
[HULL AND SHELTON VS. HILLER 16
At an Inferiour Court of Common Pleas held at Boston for Suffolk County on the first Tuesday of January, 1700 [1701] .. . Edward Hull of the City of London Habadash! & Inº Shelton of the same Sadler, ffeoffees in Trust for the Estate late of Samuel Bellingham of the Parish of St Ann Westminster in the County of Midx Esq" Situate lying & being at Winnisimmet in the County of Suffolk in New England - - Plats u Joseph Hiller of Boston Tinplate Worker -- Def! In an action of the Case, for yt the saide Joseph Hiller doth detain from & refuseth to deliver to the PIts ffeoffees as afores! the Writings & Conveyances of the Mar- riage Settlement of the said Samuel Bellingham with Elizabeth Savage his late Wife deced, concerning the said Estate being ye Articles of Agreemt between the said Samuel & Elizabeth, & a Lease to Introduce Possession of the sd Lands bearing date the 15th day of April 1695. & the Release or Indenture Tripartite bearing date ye 16th day of April 1695. which said Writings of right belong to the PIts as ffeoffees in trust as aforesd Yet the said Joseph Hiller (although often thereunto requested) the aforesd Writings & Deeds to the PIts to deliver hath hitherto refused, & stil refuscth to deliver the same to them. Which is to ye Damage of the said Edward Hull & John Shelton (as they say) the Sum of Five hundred Pounds.
The Deft appears by Jnº Leveret his attorney & pleads yt he never reced the Writings mentioned in ye Writt of ye PIts, neither doth he Detain any of said Writings belonging to them. Upon wch issue being joyned (Nathaniel Newdigate entring into a Rule of Court to pay Costs in case judgment be rendered for ye Def!) the Case after a full hearing was committed to the Iury, who were Sworn according to Law to Try the same, & return'd their Verdict therein upon Oath. That is to say, they find for ye PIts ye Writ- ings Sued for, or for want thereof . Five hundred Pounds money damage, & Costs of Suit. It's therefore consider'd by the Court yt the said Edward Hull & Jnº Shelton ffeoffees as afores! shall
16 Records of Inf. Court of Common Pleas for Suff. Co., 1699 to 1701, p. 84.
e
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recover of the said Joseph Hiller the Writings Sued for, or for want thereof Five hundred Pounds money damage & Costs of Suit The Deft appealed from this Judgment unto the next Supr Court of Iudicature to be holden for this County & entred into Recognizance with Suretyes as the Law directs for prsecuting his said appeal with Effect.17 2d lury.]
WATTS ET UX VS. SHELTON ET AL. Decree in Chancery
ANNA DEI GRATIA ANGLIAE SCOTIAE FRANCIAE et HIBERNIAE Regina Fidei Defensor &c. Omnibus ad quos presentes Literae Nostrae pervenerint Salutem. Inspeximus Irroculamen 18 cujus- dam finalis judicii sive Decret. coram nobis in Cur. Cancellar nostrae nuper fact & reddit in Roculis ejusdem Curiae Irroculat ac ibidem de Recordo remanen cujus Tenor sequitur in haec verba. Whereas heretofore, That is to say, in or about the Term of the holy Trinity which was in the year of Our Lord God according to the Computation of the Church of England One Thousand Seven hundred Edward Watts and Rebecca his Wife Complainants Did Exhibite their Bill of Complaint into this High and Honourable Court of Chancery against John Shelton and Edward Hull De- fendants. Thereby setting forth That Whereas One Samuel Bell- ingham was Seized in Fee of Certain Messuages and Lands in and near Boston in New England about Five years before the Bill Exhibited, the said Samuel Bellingham having Contracted with One Elizabeth Savage to marry her the said Elizabeth, Jn Consideration whereof he the said Samuel Conveyed all his said Messuages and Lands unto the said Defts. and their heirs, To the use of the said Samuel Bellingham till the Consum- mation of the said Marriage and from and after the said Mar- riage Consummated, Then to the use of the said Elizabeth and her heirs, Soon after which the said Samuel Bellingham was Married to the said Elizabeth, who about Two years after her said Marriage departed this Life without issue leaving the Com-
17 [No record of an appeal has been found. April 2, 1701, witnesses made oath to all the documents in the case before Isaac Addington, Jus- tice of the Peace. The articles of agreement of March 30, 1695, were re- corded at once on April 10. Only one witness made oath to the signature of Samuel Bellingham's lease (of April 15, 1695), and of the indenture tripartite and letters of attorney of April 16; he repeated his oath before the Inferior Court of Common Pleas for Suffolk County at its October term in 1701. The papers were recorded May 13, 1702. For the signifi- cance of this suit, see infra, the legal opinions of Cowper and Danyell; also supra, p. 499, note 18.]
18 Irrotulamentum, i. e., relatio in rotulum.
VOL. I. - 33
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pl. Rebecca Watts her Sister and heir then aged about Thirty years who had been Advised That from and after the decease of her said Sister by virtue of the said Conveyance and the Statute of the Twenty Seventh of Henry the Eighth which Transferrs the Title and possession to the use &e. That She the Complainant had Title to the said Messuages and Lands, and ought to have received the Rents and profits thereof, But the Complts. by their said Bill did further set forth that the said Defts. Combining together to Defraud the Complainants of the said Messuages and Lands by Colour of their said Trust have made a Warrant of Attorney sometime since to One Nathanael Newdigate their Correspondent living in Boston in New England to Receive the Rents and profits of the said Messuages and Lands in New England of which they never had paid One Farthing to the Complainants altho' there were at the time of the Bill Exhib- ited more than Two years Rent due to the Complainants for the same, and the said Messuages and Lands are of the yearly value of Two hundred pounds p annum or thereabouts, which is Con- trary to the Letter and Jntent of their said Trust if any such they have sometimes pretending the said Elizabeth made a Will and Devised by the same several parts of the said Messuages and Lands, not taking notice that the said Elizabeth was a feme Covert when such Will was made (as in truth she was) nor of the Statute of the Thirty fourth of Henry the Eighth by which amongst other things it was Enacted that the Will of a Feme Covert of Lands and hereditamts. was void; And the Complts. Did further set forth That a former Bill was since the said Will made and the Death of the said Elizabeth Exhibited into this Honoble. Court against the Complaints. for parcel of the said Mes- suages and Lands in which Bill some Title was made by the said Will to the Lands and matters then in demand. Unto which Bill the now Complts. pleaded the said Statute of the Thirty fourth of Henry the Eighth, Which plea upon arguing thereof was allowed as would appear by the Records of the said Cause remain- ing in this Honoble. Court,19 to which for more Certainty in the same, the Complainants referred themselves who by their said Bill did further set forth That the said Defts. at other times pre- tended they would be glad to be Quit of the said Trust, but that they could not without Hazard be discharged thereof save only by a Decree of this Honoble. Court, and that under such pretences as aforesaid they had then above Two years kept the Complts.
19 [The date of the order by the Court of Chancery declaring the will null and void was July 15, 1699. See infra, p. 518.]
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from the benefit and Rents of the said Messuages and premisses and had hindered the said Complainants in the possession or Dis- position of the same, and still Continued so to do. Therefore that the said Defts. might answer all and Singular the premisses, and might Set forth what Rents and profits they or their Agents had received from or out of the premisses, and might be Com- pelled to pay the same to the Complts. Edward Watts and Rebecca his Wife and might be Enjoyned and Commanded to proceed no further in the Receiving the Rents of the said Messuages and Lands, and that they should not Disturb the Complainants in Receiving the same, but might be Discharged from their said Trust if any such they had. And For Releif in all and Singular the matters and things aforesaid the said Complainants humbly Craved the Aid and Assistance of this Honoble. Court, And that the usual process of Subpoena might be thereout Awarded against the said Defts. to Compell them to appear to and Answer the Com- plainants said Bill of Complaint which being granted and the said Defts. therewith duly served, they accordingly appeared and put in their Joynt and Several Answer to the said Bill. And the said Defts. John Shelton and Edward Hull by their Joynt and Several Answer said they had heard and for ought they knew to the Contrary it might be true, That the said Samuel Bellingham had some Estate in Lands of Jnheritance in New England, And that upon a Treaty and in Consideration of a Marriage between him and the said Elizabeth Savage he might settle the same in Trust on them the Defts. as therein set forth, But the Defts. had not in their or Either of their Custody or keeping any Deed or Deeds writing or writings whatsoever made and Executed by the said Samuel Bellingham thereby Conveying the said Estate or Creating or Declaring any Trust thereof whatsoever to them the Defts. or Either of them nor did they or Either of them know in whose Custody or Possession such Deed or Deeds then or late were nor could the Defts. or Either of them for the Reasons afore- said set forth any such Deed or Deeds or the dates or Contents thereof,2º And they Disclaimed all Estate in or by any such Deeds aforesaid to or for their own use and benefit, but if any such Deed or Deeds were or were made to the use of or in Trust for any other person or persons, they the Defts. would not prejudice them or have any such persons prejudiced, They the Defts. having heard That there was or were Such Deeds or Deeds in Trust some how for the Sole and seperate use and disposal of the said Eliza-
20 [See supra, p. 512, the record of a suit to obtain possession of these papers. ]
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[CHAP. XII
beth Savage, and that She had pursuant thereto made some Will or writing in nature of a Will by which One Edward Watts alias Bellingham Watts Son of the said Compl's. then a Young Infant under the Age of One and Twenty years, as also other persons were or might be Entituled unto the Estate in the Bill mentioned or some part thereof or something out of the same, And the Defts. sevcrally Denying all unlawful Combination laid to their Charge concluded their said Answer with the General Traverse, Unto which said Answer of the Defts. the Complts. Replyed, and the Defts. Rejoyned, And the said Cause being at full and perfect issue divers Witnesses were Examined therein and their Deposi- tions duly taken and published according to the Antient and laud- able Rules and practice of this Honoble. Court, As by the said Bill answer Replication Depositions of Witnesses and proceedings had in the said Cause, All of them remaining duly filed and as of Record in this Honoble. Court, reference thereunto being had, might more fully and at large appear. And the said Cause being thus ready for hearing, a day was afterwards by this Court ap- pointed for the hearing thereof, on which day being the 6th day of December, in the Thirteenth year of His present Majties. Reign The said Cause coming to be heard and Debated before the Right Honoble. the Lord Keeper of the Great Seal of England in the presence of Council learned on both sides, The Substance of the said Complts. Bill and of the said Defts. Answer thereto appeared to be to the Effect herein before Set forth Whereupon and upon long Debate of the matter and hearing what was insisted on by Council on both sides. His Lordship Declared That the said Eliz- abeth Bellingham being at the time. of making her said Will a feme Covert her said Will is void in Law according to the Statute of the four and Thirtieth of Henry the Eighth, And the said Estate descends and comes to the Complt. Rebecca as heir at Law to the said Elizabeth Bellingham And Doth think fit and so Order. And It is Therefore this present day That is to say, On Saturday the said Sixth day of December in the aforesaid Thirteenth year of the Reign of Our most Gracious Sovereign Lord William the Third by the Grace of God of England Scotland France and Jreland King Defender of the Faith &c. And in the year of Our Lord God according to the Computation aforesaid One Thousand Seven hundred and One. By the Right Honoble. Sir Nathan Wright Knight Lord Keeper of the Great Seal of Eng- land, and by the said high and Honoble. Court of Chancery, and the power and Authority thereof. Ordered Adjudged and Decreed That the said Defendants be discharged from their Trust, And that the said Defts. Do Execute unto the Complts. A Conveyance
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