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Chancery Depositions (PRO C5/418/146 Buttolph Cowland Pigg and Dove v Hatley and Crowe)

17.11.1662 (Monday 17 November 1662)

document 16700296

(undated) the answer of Giles Crow defendant he says he knows not that the complainants are the coheirs of Jane Hatley as in the bill and doth believe it to be true that about the time in the bill mentioned Jn Pearson was seised to him and his heirs at the will of the lord according to the manor of White Colne of and in one messuage or tenement called Crackbones otherwise Gilders and not by the name of Jennings to his knowledge together with a barn stable and other edifices thereunto belonging which is now of clear yearly value of 40s and no more and Jn Pearson having no issue did surrender the same into the hands of the lord of the manor to the use of his last will and that Jn Pearson made his will in writing and did devise the premises unto Jane Pearson his then wife afterwards wife of Wm Hatley one other of the defendants and her heirs forever but he denies that he or any other person or persons to his use have in their custody the original last will and he believes it to be true that about the time in the bill mentioned Jn Pearson died after whose death Jane Pearson was admitted tenant to the premises according to the will of Jn Pearson and quietly enjoyed the same during her life and further he says he believes it to be true and hopes to prove it that afterwards Jane Pearson having married unto Wm Hatley Wm Hatley and Jane at the court held for the manor on the 27.10.1653 she first being solely and secretly examined by the then steward and consenting did surrender the premises into the hands of the lord of the manor to the use of her last will and afterwards she made her last will in writing bearing date 19.12.1653 then tenor of which will as to the premises follows in these words now I Jane of my free good will and being moved thereto of my own accord and the love and goodwill unto Wm Hatley my now husband I do give and bequeath unto the said Wm the messuage and tenement with all and singular the edifices yards and gardens to the same belonging with appurtenances called Crackbones alias Gilders to have and to hold to him Wm my husband his heirs and assigns forever and that about the year 1659 Jane Hatley died after whose death Wm Hatley having consented and agreed unto the will of Jane his wife did enter upon the premises by virtue thereof and at a court holden for the same manor the 12.3.1660 was admitted to him and his heirs according to the intent and meaning of Jane's will and moreover he answers and says that about two years since the premises being much out of repair and some of them ready to fall down this defendant did contract with Wm Hatley then in possession of the same without any trouble or claim of the complainants for the purchase of the same for the sum of 43li and soon after the said contract Wm Hatley in due form of law did surrender the premises into the hands of the lord of the manor to the use of this defendant and his heirs and according to the surrender he was admitted tenant and he says he did justly and truly pay unto Wm Hatley the 43li and he hopes he shall and may enjoy the premises and wonders that the complainants should trouble and molest him being a purchaser for full consideration and he denies that to his knowledge Jane was compelled by menaces and threats of Wm Hatley to make the surrender and will of either of them and he conceives the same to be a false suggestion because as for the surrender the same was done in open court and Jane was examined by the steward the proper judge therein who as he conceives would not have taken the surrender if he had perceived her not to have done the same willingly without menace of her husband and as to the last mentioned will the defendant believes that Jane well understood what she did and was of a disposing memory because she lived divers years after the making thereof and this defendant denies that he or any other person to his use or in trust for him has in their custody any deeds writings evidences or copies of court roll concerning the premises other than the several probates of the last wills of Jn Pearson and Jane Hatley under the several seals of the courts where they were proved and the copies hereafter mentioned that is to say the surrender of Wm Hatley and Jane his wife to the use of her last will the admittance of Robt Revell sometime husband of Jane now deceased for term of his life and copy of the admittance of Wm Hatley according to Jane's will all of which he does detain as he conceives is lawful for him to do and the defendant does deny all practise confederacy and combination with the other defendants without that that any other matter cause or thing etc asks to be discharged and have costs Thos Bowes Wm Harlakenden Giles Lagden