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 55
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9 Records of the Superior Court of Judicature, 1700-1714, f. 208.
10 Ibid., 221. [This was an action by review of the judgment for the Townsend farm given above. See infra, pp. 568-571, the writ of attach- ment, and the bill of costs.]
11 [This custom of leaving to the jury questions of law as well as of fact was largely responsible for the irregular character of legal decisions and their frequent reversal. Notice the verdict in Hutchinson vs. Blake (supra, p .. 436), and the rules of Court in Paige vs. Cooke in 1686, given infra, appendix to chap. xxi.]
2
549
CHAP. XIV] SUITS FOR THE BELLINGHAM ESTATES
the Townsends in the Inferior Court, taken to the Superior Court on appeal, this suit originated in that court and resulted in a special verdict of the jury: If the General Court, in 1676, could annul Governor Bellingham's will, then they found for Edward and Rebecca Watts; otherwise, for Allen. The record does not disclose the farm in controversy; but the words " We Reverse the former Judgment " imply one against Edward Watts for the same estate. But as Allen was a party to the suit for the same property, and had judgment in the same court, one may ask why that was not pleaded in bar ; 12 but it was not, and the next entry is: "May. 11. 1708. Facias habere possessionem Issued out," -that is, Edward and Re- becca Watts had an execution for the farm.
Sewall, one of the judges in this case, records November 7, 1707 :- " Mr. James Allen stood up, and said I was a Party, and therefore ought not to be a Judge in the Cause of Gov" Bellingham's Will. I had got of that Land in a wrong way; which I resented; for no Land on this side the water is men- tioned except for Life, and my Fragment on the Hill is not mention'd at all." 13 Sewall, May 7, 1708, says: - " Upon
12 [Supra, note 10.]
13 Sewall, Diary, ii. 197. Sewall's editors say: "This referenee or exeuse is not very plain, sinee Governor Bellingham's will had been set aside, as we will show; and any title from his only son would seem to be free of flaw." No marvel that they were puzzled; for they had no reason to suppose that the will had been re-opened, and that Sewall was then trying it. He had bought a part of the Bellingham estate near Pemberton Square, left to the governor's widow for life, which on her deeease beeame the property of his son Samuel. [This land did not adjoin the mansion liouse of Governor Bellingham; it deseended to the heir-at-law, and was not assigned to the widow. See Sewall's deseription of it in letters to Samuel Bellingham and Edward Hull. 6 Coll. Mass. Hist. Soc., i. 158, 159.] Sewall bought his lot of Mrs. Samuel Bellingham and her trustees. His title was in no way involved in the validity of the will. If the will was good, that estate went to the widow for life, then to the son; if bad, then to the son immediately as heir-at-law, subjeet to the widow's dower, ex- tinguished by her death. But the ease of the Winnisimmet estates, the title to one of which Sewall was trying, was different; for if the will was good, then when the widow, his son, and his son's daughter deceased, they went to trustees in fee. [Judge Chamberlain placed in the margin the query : " Is this good law?" Sewall was a member of the eourt which adjudged the Eustace farm at Winnisimmet to Mrs. Elizabetlı Bellingham in April, 1697; in October of the same year she conveyed to him the land above- mentioned; in Deeember, 1695, he had written to Samuel Bellingham offer-
550
HISTORY OF CHELSEA
ICHAP. XIV
the Special Verdict, between Wats and Allen, Sewall, IIa- thorne, Corwin for Watts; Walley for .Allen." 14 This shows the division of the judges as to the power of the General Court in 1676 to set aside Bellingham's will.
ing to purchase it. (6 Coll. Mass. Hist. Soe., i. 158.) Allen insinuated here that Sewall's course in the earlier suit was affected by his desire to obtain this land from Mrs. Bellingham. See supra, pp. 482-488.
14 Sewall, Diary, ii. 223.
551
APPENDIX 1
CHAP. XIV]
APPENDIX 1
[PEMBROOKE VS. HILLER
AT an Adjournment of an Inferiour Court of Common Pleas,1 holden at Boston . . . on the fourth Tuesday of July 1706 . .. Elkanah Pembrook of Boston in the County of Suffolk Shop- keeper shewing forth to the Court that his Body was Attached at the suit of Joseph Hillard of Boston in the County aforcsaid Tinnman als Joseph Hillyard of said Boston Tinman as Attorney to Edward Watts of the Parish of St Buttolphs Algate in the City of London in the Kingdom of England Sawyer and Rebecca his Wife; and there being no Action Entred thereon Its CON- SIDERED BY THE COURT That the said Elkanah Pembrook shall recover against the said Joseph Hiller in his Capacity aforesª his Costs occasioned in and by this suit.
HILLER, ATTORNEY, VS. PEMBROOKE
Writ of Attachment 2
Suffolk ss. (Sigillum)
Anne by the Grace of God of England Scotland France and Ireland Queen Defender of the Faith &c To the Sheriff of our County of Suffolk his Under Sheriff or Deputy Greeting
We Command you to Attach the Goods or Estate of Elkanah Pembrook of Boston in the County of Suffolk Shopkeeper to the value of one thousand pounds in money, and for want thereof to take the body of the sª Elkanah Pembrook (if he may be found in your precinct) and him Safely keep so that you have him before our Justices of our Inferiour Court of Comon Pleas next, to be holden at Boston within and for our sª County of Suffolke on the first Tuesday of October next then and there in our s! Court to answer unto Joseph Hiller of Boston afores! Tinman as Attorney to Edward Watts of the Parish of St Buttolphs Aldgate in the City of London in the Kingdom of England Sawyer and Rebecca his Wife In a plea of Debt That he the Deft render to the
1 MSS. Records, 1701-1706, p. 362.
2 Suff. Early Court Files, No. 7062, Papers Nos. 4 and 5, and Fragment No. 883.
552
HISTORY OF CHELSEA
[CHAP. XIV
Plan! Attorney as afors! Five hundred pounds Lawful money of New England which he ows and unjustly detains For that Whereas the Def! the Twenty first day of September last past at Boston afores? did Acknowledge himself to be held and firmly bound to the Plant in his Capacity aforest in the afores! Sum of Five hun- dred pounds ; As in and by one Bond or Writing Obligatory under the Defts hand and Seal now in Court produced more fully ap- pears, with Condition to the said Obligation underwritten that the Deft should in all things well and truly perform and fulfill the Award Judgment final End and Determination of David Jeffries and Richard Draper of Boston afores! Merchants Arbitrato!s In- differently Chosen by the Plant and Defend! for the final Ending & Determining of Several Disputes and Controversys between them about the Title to a Certain house and Land in the possession of the Deft elaimed by the sd Edward Watts and Rebecca his Wife As also about the Rents profits and issues thereof. And also Con- cerning Sundry Expences & Disbursemts on the premisses, and some funeral Charges provided and laid out for Madam Belling- ham dece! who Let the premisses to the Defendt provided such Award were made and given up in Writing under the Arbitrato!'s hands and Seals ready to be Delivered &e on or before the Twenty ninth day of September last past As in and by the sª Condition inay more fully appear; Now the pl[ant ] afores! In faet saith that the afores! Arbitrators Did take upon them, the burthen and Execution of the said Award, and among other things did award and order that the sª Elkanah Pembrook should pay to the sª Joseph Hiller Attorney as aforest the Sum of Thirty five pounds five Shills and tenn pence money of New England at the rate of Eight Shillings per ounce Weight on or before the Six- teenth day of December last past, and upon the Fifteenth day of June also last past, he the Deft should further pay to the Plant the Sum of Sixteen pounds in money at the rate afores! As also that he the Deft his Under Tenants or Assigns shall quietly and peaceably Surrender yield and Deliver up unto the said Joseph Hillyard Attorney as afores? his heirs or Assigns full possession and Seizen of all and Singular the said Messuage Dwelling house Land and premisses with all Ediffiees Shops build- ings and fences standing & being thereon without any Demol- ishm! (fire Excepted) as by the Award of the sª Arbitrators under their hands and Seals now also in Court produced bearing date the Twenty ninth day of September last past more fully appears; And the plant further In faet saith that altho he hath been ready to do and perform what in his part in and by the sª Award is to be done and performed; yet He the Def! afores! hath not paid
553
APPENDIX 1
CHAP. XIV]
the Several Sums of money before mentioned at the time afore mentioned unto the Plant Attorney as afores! nor did he Deliver quiet & peaceable possession of the Messuage Land and premisses before mentioned to the Plant Attorney as afores? aeeording to the Determination and Award afores! whereby the s! Deft hath for- feited to the Plant Attorney aforesd the sª Sum of Five hundred pounds the penalty of the sd Bond Yet the sd Elkanah Pembrook altho often thereunto requested the said Sum of Five hundred pounds forfeited to the Plant Attorney as aforesd to pay hath denyed and doth still deny to pay the same to him To the damage of the said Joseph Hiller Attorney as afores! as he saith the Sum of Six hundred Pounds in money, which Shall then and there be made to Appear with other due damages, and have you there this Wri[t] with your doings therein,
Witness Elisha Hutchinson Esq! at Boston this Second day of September in the Fifth year of our Reign Annoq. Domini 1706 Addington Davenport Cler. Suffolk ss.
The Award is no Award in Law. Jnº Valentine.
Suffolk ss. Boston Sept! the 5th 1706.
By Virtue of this Writ I have Attached the Body of the within named Elkanah Pembrook and have taken Bond to the value of one thousand pounds in money.
Giles Dyer Sheriff.3
Judgment in the Inferior Court 4
At an Inferiour Court of Common Pleas begun and held at Bos- ton for and within the County of Suffolk, on the first Tuesday of October being the first day of sd Month Anno Domini 1706 . . . Hiller Attorney &c Joseph Hiller of Boston in the County of Suffolk Tinman as Attorney to Edward Watts of the Parish of St Buttolph Aldgate in the City of London in Pembrooke the Kingdom of England Sawyer and Rebeeea his Wife Pl! ^ Elkanah Pembrooke of Boston aforesd Shopkeeper Deft In a plea of Debt [repeats verbatim the above writ] ... To the damage of the sª Joseph Hiller Attorney as
3 Endorsement on the back of Paper No. 5, cited above: " A true Copy of the Original Writ and Service thereof, and the Defts plea. Examd per Addington Davenport Cler."
4 MSS. Records of Suff. County Court of Common Pleas, 1701-1706, pp. 377, 378. A copy of this judgment is in Suff. Early Court Files, No. 7062, Paper 3.
554
HISTORY OF CHELSEA
[CHAP. XIV
afores! as he saith the sum of six hundred pounds in money ; The Def! appeared by John Valentine his Attorney & pleaded the award is no award in Law; Upon which issue being joined the Case after a full hearing was committed to the Jury who were sworn according to Law to try the same & returned their Verdict therein upon Oath THAT IS TO SAY They find for the Plant ffive hundred pounds money being the fforfeiture of the Bond sued on and Costs of suit. ITS THEREFORE CONSIDERED BY THE COURT That the sd Joseph Hiller Attorney as afores? shall recover against the s! Elkanah Pembrook the sum of Thirty five pounds money (being the Chauneery of the sd Bond unto its just Debt and dam- ages) and Costs of suit; The Plant & Deft both appealed from this Judgment unto the next Superior Court of Judieature to be holden for this County, and both entred into Recognizance with suretys for prosecuting their respective appeals with Effect - 2ª Jury/-
HILLER, APPELLANT, VS. PEMBROOKE
Answer to the Reasons of Appeal 5
Elkanah Pembrooke
agt The sd Pembrooke answers to the Appelts
Joseph Hillard reasons of appeal as follth
That the Judgmt is Certainly wrong & ought to be reversed For That, as the sd Pembrooke pleaded, there is no Award in Law
for 1st The Arbitrators have mistaken ye matters in difference, for they have not determin'd Concerning the Tytle of the Land web was Submitted to ym
2 The Award ordrs the Delivery of the possession of a hous & land by Strangers that are no partyes to the submission To witt That Mr Payne &e - shall &e -
3 The Award is void for the uncertainty all that is awarded Hil- lard shall do to Pembrook is That vpon paying ye mony and giveing possession, he shall give sufficient Bond &e.
And 1st Its uneertaine wt the Security shall be, Whether reall or Personall
2 Now what sum, ye security shall be in, Who shall judge Not the Arbitrators, for their power was at an end, when they made their Award, & none Else can judge, who were not sub- mitted to. See Cooks Reports Sammons Case - with other Bookes of Law are expres in point
" Suff. Early Court Files, No. 7062, Paper No. 2.
555
APPENDIX 1
CHAP. XIV]
3 The Award is all on one side No Quid Pro Quo Pembrook must do all, pay mony & deliver possession, & Hillier do nothing
4. The Award ought to be final of all differences, wch it is not, but has laid a foundation for further trouble for that notwith- standing the Tytle was submitted, yet, Hiller or Watts has brot an accon for it
All wch makes the Award void to all intents, & if it were a good Award, there can be no doubt the Bond ought to be Chancer'd Jnº Valentine [for] aplee
Judgment in the Superior Court 6
At Her Majestys Superiour Court of Judicature Court of Assize and General Goal Delivery Begun & held at Boston . on Tucs- day November the fifth Annog Dom 1706. .
Hiller Joseph Hiller of Boston in the County of Suffolk Tinman as Attorny to Edward Watts of the Parish
V Pembrook of St Buttolph Aldgate in the City of London in the Kingdom of England Sawer & Rebecca his Wife Appelle against Elkanah Pembrook of Boston aforesd Shopkeeper Appellee from the Judgment of an Inferiour Court of Common pleas held at Boston the first of october 1706. In a plea of Debt for that the Deft Render to the Plant Attorny as aforesd five hundred pounds which he Justly ows & detains for on the 21st of September 1705 at Boston aforesd he did Acknowledge himself to be firmly bound unto the Plt in his Capacity aforesd in the aforesd Sum of five hundred pounds as by one bond under the Defts hand now in Court produced more fully Appears with Condition under Written that the Deft in all things should perform & full fill the Award Judgment and determination of David Jeffries & Richard Draper as in & by the Writ or Process is at large Set forth Which he the Deft hath not done Whereby the sd Sum of five hundred pounds is forfeited as aforesd And yet the said Pembrook tho often Requested Refuses to pay the same to the damage of the sd Hiller Attorny as aforesd as he saith the Sum of Six hundred pounds Money. At which sd Court Judgment was Rendered for the Plant the Sum of Thirty five pounds Money being the Chancery of the sd Bond unto Jts Just Debt & damage and Costs of Suit. Both Parties now Appeared the Writ Judgment Reasons of Appeal and all things being discussed Jts Considered by the Court that the sd Joseph Hiller Attorny as aforcsd shall Recover of the sd Elkanah Pembrook the Sum of Thirty Eight pounds
6 MSS. Records, 1700-1714, ff. 192, 193.
556
HISTORY OF CHELSEA
[CHAP. XIV
Money being the Chancery of said Bond to Jts Just debt & damage & Cost of Courts Taxed at five pounds five shillings.7
PEMBROOKE, APPELLANT, VS. HILLER Court Record 8
At Her Majestys Superiour Court of Judicature Court of Assize and General Goal Delivery Begun & held at Boston within & for the County of Suffolk on Tuesday November the fifth Annoq Dom 1706. .
Hiller Upon Reading the Complaint of Joseph Hiller of
Boston Attorny to Edward Watts & Rebecca his V Wife Therein setting forth that at an Jnferiour Court
Pembrook of Common pleas held at Boston the first Tuesday of October 1706, he Recovered Judgment against Elkanah Pem- brook of Boston aforest Shopkeeper for Thirty five pounds. & Costs: from which Judgment the sd Pembrook Appealed to this Court and Entered into Recognizance to prosecute the same as the Law directs but hath failed in performing the Same. Where- fore the sª Complainant prays that the former Judgment may be Affirmed & allow him Intervening damages & Costs. Jts Con- sidered by the Court that the Complainant Recover against the sd Pembrook Cost of Courts for that both parties Appealed from one and the same Judgment and the former Judgment affirmed upon the Appeal of the sd Hiller. Cost Taxed at five pounds Nine- teen & six pence.9
Writ of Execution 10
Province of the Anne, by the Grace of God, of England,
Massachusetts-Bay, ss. Scotland, France and Ireland, Queen,
(Seal) Defender of the Faith, &c.
To the Sheriff of Our County of Suffolk his under Sheriff or Deputy, Greeting.
Whereas Joseph Hiller of Boston in the County of Suffolk Tinman as Attorny to Edward Watts of the Parish of St But- tolph Aldgate in the City of London in the Kingdom of England Sawer & Rebecca his Wife by the Consideration of Our Justices of Our Superiour Court of Judicature holden at Boston for or within Our County of Suffolk aforesaid, on the first Tuesday of
" In the margin of record is this: "Execution Jssued out Decemr 6, 1706."
8 MSS. Records, 1700-1714, f. 196.
" In the margin is this: " Execution Jssued out December 6, 1706."
10 Suff. Early Court Files, No. 7062, Paper No. 1.
557
APPENDIX 1
CHAP. XIV]
November Last Reeover'd Judgment against Elkanah Pembrook of Boston aforesd Shopkeeper for the Sum of - Pounds Shillings and - Pence - and Two Pounds Eleven Shillings and Four Penec' Costs of Suit, as to Us appears of Reeord ; whereof Execution remains to be done. We Command you therefore, That of the Goods, Chattels or Lands of the said Elkanah Pembrook within your Preeinet, you eause to be paid and satisfy'd unto the said Joseph Hiller Attorny as aforesd at the value thereof in Money, the aforesaid Sums, being Two Pounds, Eleven Shillings and Four Penee in the whole, with Two Shillings more for this Writ, and thereof also to satisfy your self for your own Fees. And for want of Goods, Chattels or Lands of the said Elkanah Pem- brook to be by him shewn unto you, or found within your Preeinet, to the aeeeptanee of the said Joseph Hiller Attorny as aforesd to satisfy the Sums aforesaid. We Command you to take the Body of the said Elkanah Pembrook and him Commit unto Our Goal in Boston in Our County of Suffolk aforesaid, and detain in your Custody within. Our said Goal, until he pay the full Sums above mentioned, with your Fees, or that he be discharged by the said Joseph Hiller Attorny as aforesd the Creditor, or otherwise by Order of Law. Hereof fail not, and make return of this Writ with your doing therein into Our said Superiour Court of Judi- eature, to be holden at Boston within Our County of Suffolk afore- said, upon the first Tuesday of May next Witness Samuel Sewall Esq At Boston the Sixth day of Deeember In the Fifth Year of Our Reign. Annoque Domini, 1706
Suffolk ss :
Elisha Cooke Cler : Boston January y: 22nd 1706/7
By Vertue of this Execution I have Levyed it upon the Estate of the within named Elkanah Pembrook and have Satisfyed the Creditor as per receipt.
Giles Dyer Sheriff Boston January ye 22nd 1706/7
Reeed of Giles Dyer Sheriff the full Satisfaction of this Exeeu- tion.
Per Joseph Hiller 11
WATTS US. PEMBROOKE ET AL. .
Extract from the Records of the Inferior Court 12
At an Inferiour Court of Common Pleas begun and held at Boston January 7, 1706 [1707] Edward Watts of the Parish of 11 Endorsed : Hiller rs. Pembrook, 1706/7.
MSS. Records, 1706-1710, pp. 1, 2.
·
558
HISTORY OF CHELSEA
[CHAP. XIV
St Buttolphs Aldgate in the City of London in the Kingdom of England Sawyer and Rebecca his Wife Plants versus Elkanah Pembrooke of Boston in the County of Suffolk Shopkeeper John Cotta of Boston aforest, Taylor, and William Payne of the same Boston joyner Defts in a plea of Tresspass and Ejectment, As in the Writ bearing date August the 28th 1706, is at large set forth; This plea or Action was eommeneed at the Inferiour Court in Octobr last past, the said Elkanah Pembrook being then admitted Def! for the whole upon his Alledging that the aforenamed Cotta and Payn are his Under Tenants; And the said Elkanah Pem- brook then pleaded that he is a Tenant, and holds under M! James Allen Clerk, and prayed he might be vouched; Whereupon the plea was continued unto this Court, And the plants now making Default in Appearanec are Nonsuit, the Deft also made Default.13]
13 The following appears among the Chamberlain MSS. (vol. i. p. 99) : " Mr Elkanah Pembrooke, Sr I Recd yours of the 3d of March 1706 : and am Sorry you did not Aduise with your old friend before you shut vp your Shop : how Euer, J am Still Ready To Serue in what is Just and Reason- able therefore Let me Know the persons J shall waight vpon and J will giue you their Answer as Soone as Possible: Your Loueing friend Tho : Banister Boston March 3 : 1706 : " (1707 ?).
559
APPENDIX 2
CHAP. XIV ]
APPENDIX 2
WATTS ET UX VS. TOWNSENDS 1
Writ of Attachment 2
Suffolk ss. ANNE by the Grace of GOD, of England, Scotland, France, and Ireland, QUEEN, Defender of the Faith, &c.
To the Sheriff of Our County of Suffolke, his Under Sheriff or Deputy, Greeting.
Seal We Command you to Attach the Goods or Estate of Abigail Townsend Relict Widow of Samuel Townsend late of Winnissimet within the Township of Boston in the County of Suffolke Yeoman, and Jonathan Town- send of Winnissimet afores! Husbandman to the Value of one thousand pounds and for want thereof to take the Bodys of the said Abigail Townsend and Jonathan Townsend (if they may be found in your Precinct) and them safcly keep, so that you have them before Our Justices, of Our Inferiour Court of Common Pleas next, to be Holden at Boston, within and for Our said County of Suffolk, on the First Tuesday of October next then and there in Our said Court to Answer unto Edward Watts of the Parish of St Buttolph Aldgate in the City of London in the King- dom of England Sawyer & Rebecca his Wife Jn a plea of Tress-
1 [In Suff. Early Court Files, No. 6949, are the following papers, used apparently in this case on the appeal, or in the action by review. Two copies of the power of attorney from James Allen to John Floyd (supra, p. 545), the one attested by Addington Davenport, clerk of the Inferior Court of Common Pleas, the other a copy of Davenport's copy, attested by Elisha Cooke, clerk of the Superior Court. . A copy of the letter missive of the King. (Supra, p. 444.) Extracts from the records of the Council, November 6, 7, and 9, 1706. (Supra, p. 538.) Two copies of a letter from Miss Elizabeth Bellingham, both attested by Elisha Cooke, Clerk. (Infra, p. 581.) A copy of Edward Watts' answer, drawn by Paul Dudley in 1705, to James Allen's petition to the General Court (supra, p. 532) ; a copy attested by Elisha Cooke, Clerk, of a copy attested by Isaac Addington, Secretary. In Suff. Early Court Files, No. 7402, is a copy of the Decree in Chancery (supra, p. 513) attested by Elisha Cooke, Clerk.]
2 Chamberlain MSS., i. 91; [the original writ with official endorsements. A printed form was used. A copy is filed in Suff. Early Court Files, No. 7402].
.
560
IHISTORY OF CHELSEA
[CHAP. XIV
pass and Ejeetment ffor that the Defts have illegally entred into & do withhold from the plis the possession of a Certain ffarm or Tract of Land Scituate lying & being at Winnissimet in the Town- ship of Boston aforesaid Consisting of Upland and Marsh Con- taining by Estimation Three hundred Acres or thereabouts, being bounded Westerly by the Land of John Center called Centers farm, Southerly by a Creek and by the Land of the Widow Eustice; Easterly by the River, Northerly partly by a Creek & partly by the Land of Jreland Together with the Several build- ings houses Ediffices & fences standing and being thereupon As also all the privilidges and appurtenanees thereunto belonging or in any wise appertaining. Which said Land [the Cary farm] hous- ing & premisses was heretofore the Estate and Jnheritanee of Samuel Bellingham late of the parish of St Anns Westminster in the County of Middlesex in the Kingdom of England Esqr de- ceased, who in his Lifetime Vizt on the Sixteenth day of April 1695 in Consideration of a Marriage then intended to be had between the sª Samuel Bellingham and Elizabeth Savage then of the parish of St Anns aforesª Widow , by an Jndenture or Deed of ffeoffment under the hand and Seal of the sª Bellingham (now in Court ready to be produced) Did grant convey and make over (amongst other part of his Estate) the Land Messuage and housing abovesd with all his right Title Estate or interest Reversion or Re- versions remainder or remainders in & unto the same, unto Edward Hull and John Shelton Citizens of London afores! In Trust and for the use of the said Samuel Bellingham and Elizabeth Savage during their Natural Lives in case the s! Marriage took Effect & from & after the death of the sª Samuel Bellingham to the only proper use and Trust of the said Elizabeth Savage & to such uses as the sª Elizabeth Savage by any Writing or Writings or by her Last Will & Testament in Writing should nominate and Direet, & in Case of no such writing or Last Will & Testamt of the s! Elizabeth Savage then for the only proper use and Trust of the right heirs of the sª Elizabeth Now the plts In faet say that the sd Samuel Bellingham did afterwards intermarry with the s! Elizabeth Savage, and is since deced, and the aforesd Elizabeth is also deee! without issue or Brother and without having Conveyed away disposed of or Directed her use interest and Trust afores! according to the Jntent or meaning of the Deed of Feoffment afores! Whereby the Estate use and interest of the aforesd Eliza- beth after her deeease Did Deseend to the afores! Rebecca Watts, as being the only Sister & next heir of the sª Elizabeth, and accordingly the afores! Edward Hull and John Shelton Trustees as afores! by an Indenture under the hands and Seals of them
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