Chancery Depositions (PRO C8/496/3 Rose Abbott v Hen Abbott)

1.8.1711 (Wednesday 1 August 1711)

document 17400005

The several answers of Hen Abbutt gentleman defendant to the bill of complaint of Rose Abbutt an infant by Abigail Abbott her mother and next friend the said defendant saving to himself all advantage and benefit of exception to the incertainties and insufficiencies of the complainants said bill for answer to so much thereof as doth materially concern him as he is advised to make answer unto her this defendant saith it may be true for anything he at present knoweth to the contrary that Hen Abbutt esq deceased in the bill named this defendants late father might be seised in fee or some other estate of inheritance of and in the several messuages lands tenements hereditaments mentioned in the writing set forth by the bill and alleged to be his last will and testament and that he might duly execute such writing as also the codicil likewise set forth in the bill as his last will and testament when he compos mentis and might have power to devise and dispose of the said lands and premises as he hath thereby done and this defendant denies he ever pretended or gave out to the contrary but in regard this defendant doth not know the said matters of his own knowledge he this defendant doth leave it to the complainant to make such proof thereof and of the said will and codicil as she shall think fit or be advised but this defendant saith he doth not intend to claim or set up any right or title to the said premises contrary to the will of his said father unless it shall appear that he hath just cause so to do he this defendant confessing that he is eldest son and heir of the said Hen Abbutt deceased his late father without that that any other matter or thing in the said bill of complaint contained or material or effectual for this defendant to make answer unto and not herein sufficiently answered or avoided traversed or denied is true all which matters and things this defendant is ready to aver maintain and prove as this honourable court shall award and humbly prays to be hence dismissed with his reasonable costs and charges in this behalf most wrongfully suffered made at Chappel 20.8.1712 before S Grimston Peyton Math Guyon Hen Abbutt L West