SoS_Will_Books_45_020

14

by his deed Sufficient in the Law bearing date the 31st. Day of July Ano Dom
did grant bargain & Sell unto Sd. Arderne the afsd tract or percell of Land
containing fower thousand Acres, To have & hold the Same unto him the
Jno. Arderne his heyrs & assignes forever wch Sd Deed mentions that the
Same was for & in consideration of the Sume of two hundred pounds in
hand paid, when in truth the Sd two hundred pounds was not paid nor
any part or percell thereof or intended to be paid nor indeed could the Sd. Arderne
pretend to pay the Same, but the Sd. Deed was passed for no other reason then wt.
is [crossed out text] ^(above) alleadged, and further that the Sd. Deed was not only meant &
intended to be in trust to the Use of him the Sd. Duckenfield, but at the time of
the making thereof it was so declared & expressed as well by the Sd. Arderne
as by him in the presence of divers witnesses, & not to the Use of the Sd. Arderne
other than in Case he the Sd. Arderne Should outlive him &ca. And further
that the Sd. Jno. Arderne did as well at the Signing of the Sd Deed, as at divers times
Since Declare to divers persons that he did not pay the afsd. two hundred
pounds, And that the Sd. deed was passed to him for noe other Use intent or
Trust whatsoever than that the Same Should absolutely returne to him the
Sd. Duckenfield in case he Should outlive him the Sd. Arderne, & also
that the Sd. Arderne (willing to make knowne to the world the many and
uncomon favours wch he had received from him the Sd. Duckenfield)
by his last will & Testament in writeing bearing date the 22d. day of 8br:
1707. doth make ample mencion of the Same & that his intention was
to give all his Estate both reall & personall that he was possessed of or
Should have right to to him, Wch he confirms by divers Asseverations
in the Sd. will mentioned as will, doth & may appear: Notwithstanding
wch divers persons injuriously designing to bring in question his the
Sd. Duckenfields title to the afsd fower thousand acres of land (altho he
was never out of Possession thereof, doe give out that the fee Simple of the Sd
Land is not in him but in the heyrs of the Sd. Jno Arderne contrary to the afsd.
Undeclared by the Sd. Arderns & the trust reposed by him the Sd. Duckenfield
And forasmuch as the afsd. Deed in writing is absolute without any Use
declared or expressed therein or wthout any trust in the Same mentioned
& that the afsd. Will of the Sd. Jno. Arderne doth not make express mention
that the Same fower thousand Acres comonly knowne by the name
of Salmon Creek were given Devised & bequeathed unto him the Sd
Duckinfield & his heyrs for lack & want of knowledge in the Law of the Sd. Jno.
Arderne how to use Apt & express words for granting & conveying the Same
back again to him persuant to the Trust reposed by him in the Sd. Jno. Arderne
altho the intention & meaning of the Sd. Arderne So to doe may be Sufficient
ly perceived & observed: And the Sd. Jno. Arderne being now dead