SoS_Will_Books_45_021

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who could make appear that the allegations in this bill of Complt. are True &
certain, and divers evidences or witnesses as well to the Sd. deed as to the Sd.
[crossed out word (Deed)] Will who could prove the afsd. Use & trust declared, and divers other witnesses
wch he could have produced to prove the Same are Some dead, others removed into
parts unknown Some aged & impotent & living farr [crossed out word (off)] & not able to travell to
this Court & others being Transient persons &ca. Doe therefore pray that a
Comission be Issued out of Court directed to Such persons as may be thought
fitting to Examine Such Witnesses in perpetuam Rei Memoriam as Shall be
produced by him the Sd. Duckenfield for the Proof of the afsd. Use Trust &ca. and also
that by decree of this Court he may be relieved in the premisses & the fee Simple
of the afsd. Land may be adjudged & decreed to him &ca. And upon reading the Sevll:
Depositions taken by ever one of the aforementioned Comission out of this Court
as also the Will of the Sd. Jno. Arderne, and upon due & mature consideration
thereon: This Court are of Opinion that the Sd. Deed mentioned in the Sd Bill
was only in Trust & that noe consideration was ever paid or Sattisfyed or
intended to be pd or Sattisfyed for the Same: And it is the opinion of this Court
likewise that the Sd. Jno. Arderne did fully intend & design by his last Will &
Testament to give & bequeath the Same lands back again to him the Sd. Wm Duckenfield
& his heyrs for ever altho Express mention thereof be not made therein

Whereupon this Court doe Declare Adjudge, order & Decree, that the afsd.
Deed be null & void & that the afsd. fower thousand Acres of Land Doe
Revert Come & Remaine unto the Sd. Wm Duckenfield Esqr. & to his
Heyrs & Assignes for ever without any the Least Sett, Mollestation
or hinedrance of any person or persons Claimeing from by or under
the afsd. Jno. Arderne his heyrs Exrs. Admrs. or Assignes or from by or under
any or either of them: Ordered Decreed & Entred by us & our order
the above Sd. 11th: Day of May Ano Dom.1713.
Tho Pollock
T: Knight Tho: Boyd
N Chevin
C Gale