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<TEMPHEAD>
<REVDESCR>
<CHANGE>
<DATE>2011-04-04</DATE>
<RESPSTMT>
<NAME>Pip Willcox</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Proofed and reviewed as part of batch Z110310.pdcc.</ITEM>
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<IDG S="marc" R="OX" ID="B09882">
<STC T="W">R1416B</STC>
<BIBNO T="oclc">[ocm]64551687</BIBNO>
<VID>184767</VID>
</IDG>
<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="case">
<PB REF="1">
<HEAD>William Richard&s;on's CASE <HI>against</HI> George Durdant, <HI>for Lands in</HI> Staines
<HI>and</HI> Stanwell, <HI>in</HI> the <HI>County of</HI> Middle&s;ex.</HEAD>
<P><HI>RObert Durdant,</HI> the Father of <HI>George Durdant,</HI> who now brings this Writ, did at fir&s;t &s;ell the Lands in que&s;tion to the Defendant <HI>Richard&s;on,</HI> only during the Life of the &s;aid <HI>Robert Dur|dant;</HI> but the &s;aid <HI>Robert Durdant</HI> afterwards being in great want of Moneys; and having then a Wife and &s;everal Children to maintain, did importune the Defendant <HI>William Richard&s;on</HI> to buy the Inheritance of the &s;aid Lands. And Mr.
<HI>Higdon</HI> who was a Tru&s;tee for the &s;aid <HI>Robert Durdant</HI> for the&s;e and other Lands, and the &s;aid <HI>Durdant</HI>'s near Kin&s;man, likewi&s;e informed the &s;aid
<HI>Richard&s;on,</HI> that the &s;aid <HI>Robert Durdant</HI> had a good Title to the &s;aid Lands, and a lawful Right to &s;ell the &s;ame, by vertue of the la&s;t Will and Te&s;tament of one
<HI>Henry Wicks</HI> <ABBR>E&s;q</ABBR> decea&s;ed. And that the rea&s;on why the name of the &s;aid Mr. <HI>Higdon</HI> was u&s;ed in Tru&s;t in the &s;aid Will was (and &s;o in|tended by the &s;aid Mr. <HI>Wicks</HI>) to the intent, that the &s;aid Mr. <HI>Higdon</HI> might (as he &s;aw cau&s;e or &s;hould think fit) either enable the &s;aid <HI>Durdant</HI> to &s;ell the Inheritance of the &s;aid Lands, or ob&s;truct his &s;ale thereof, and the &s;aid Mr. <HI>Higdon</HI> affirmed to the &s;aid <HI>Richard&s;on,</HI> that there was a nece&s;&s;ity the &s;aid <HI>Robert Durdant</HI> &s;hould &s;ell the &s;aid Lands, to &s;ome Body for the maintenance of Him, his Wife and Children. And that the &s;aid <HI>Durdant</HI> had &s;everal other Lands to keep and &s;uffer to de|&s;cend to his Son. Thereupon the &s;aid <HI>Richard&s;on</HI> advi&s;ed with &s;everal Coun&s;ellors at Law upon the &s;aid Will, the words whereof are as followeth, <HI>viz.</HI></P>
<P>Item. <HI>I give and bequeath to my Cou&s;in</HI> John Higdon <HI>and his Heirs, during the Life only of</HI> Robert Durdant <HI>my Kin&s;man, Elde&s;t Son of my Nephew</HI> Andrew Durdant,
<HI>decea&s;ed. All th<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter">&s;e my Me&s;&s;uages Lands, Tenements, and Hereditaments, in</HI> Staines <HI>and</HI> Stanwell <HI>in the County of</HI> Middle&s;ex; <HI>upon this tru&s;t and confidence that he the &s;aid</HI> John Higdon,
<HI>and his Heirs, &s;hall permit, and &s;uffer him the &s;aid</HI> Ro|bert Durdant, <HI>from time to time, during the Term of his Life, to have, receive, and take the Rents and Profits thereof. And from and after the Decea&s;e of the &s;aid</HI> Robert Durdant: <HI>then I do give, and devi&s;e the &s;aid la&s;t mentioned Lands in</HI> Staines <HI>and</HI> Stanwell, <HI>unto the Heirs Males of the Body of him the &s;aid</HI> Robert Durdant <HI>now living, and &s;uch other Heirs Males, or Females, as he &s;hall hereafter happen to have of his Body; and for want of &s;uch Heirs, then to the u&s;e and behoof of my Cou&s;in</HI> Gideon Durdant, <HI>and the Heirs of his Body; and for want of &s;uch Heirs, the &s;ame to be and remain to the right Heirs of me the &s;aid</HI> Henry Wicks.</P>
<P>And the &s;aid <HI>Richard&s;on</HI> being advi&s;ed by his Coun&s;el that the &s;aid <HI>Robert Durdant,</HI> together with the &s;aid Mr. <HI>Higdon,</HI> and the &s;aid <HI>Gideon Durdant,</HI> the remainder man, had a lawful power to &s;ell and convey the Inheritance of the &s;aid Lands; he the &s;aid <HI>Richard&s;on</HI> purcha&s;ed the &s;ame of the &s;aid <HI>Robert Durdant</HI> and
<HI>Gideon Durdant,</HI> and paid for the E&s;tate, for Life and the Inheritance in all above 600
<ABBR><HI>l.</HI></ABBR> the Lands being &s;ince Let for not above 34 <HI><ABBR>l.</ABBR> per annum;</HI> but never had any quiet Enjoy|ment thereof, &s;ince the death of the &s;aid <HI>Robert Durdant;</HI> but &s;hortly after his death, which happe|ned near 18 years, &s;ince the Friends and Kindred of the now complainant <HI>George Durdant,</HI> in his Minority brought a Suit in Chancery again&s;t the &s;aid <HI>Richard&s;on</HI> to &s;et a&s;ide his Purcha&s;e; where|upon after examination of Witne&s;&s;es, and a full hearing, his Purcha&s;e was allowed good, and their Bill di&s;mi&s;&s;ed upon the merits of the Cau&s;e; whereupon they acquie&s;ced and never appeared, or brought any Bill of Review upon the &s;aid di&s;mi&s;&s;ion, whereby to bring the Merits of the Cau&s;e again in que&s;tion; but &s;ince the &s;aid <HI>Georgre Durdan<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter"></HI> coming to Age, hath brought this Suit and put the &s;aid
<HI>Richard&s;on</HI> to great expences, and levied 30 <ABBR><HI>l.</HI></ABBR> upon his Goods, and above 50 <ABBR><HI>l.</HI></ABBR> by mean Profits and cutting down of Timber, having obtained a Judgdment thereupon, by the Judgment of three of the Judges of his Maje&s;ties Court of King Bench. But the &s;aid <HI>William Richard&s;on</HI> thereupon brought a Writ of Error returnable in the Exchequer Chamber, before the Judges of the Common Pleas and Barons of the Exchequer; and by the Judgment of &s;even Judges, then pre&s;ent, the &s;aid <HI>William Rich|ard&s;on</HI>'s Title was declared to be good &amp; the former Judgment rever&s;ed. And the &s;aid <HI>William Richard|&s;on</HI> was to be re&s;tored to what he had lo&s;t by the former Judgments and accordingly was re&s;tored to the po&s;&s;e&s;&s;ion but never had re&s;titution of the &s;aid 30
<ABBR><HI>l.</HI></ABBR> Co&s;ts and 50 <ABBR><HI>l.</HI></ABBR> for mean Profits: this Rever&s;al was the 10th day of <HI>February</HI> in the 32 year year of his late Maje&s;ties Reign, and the Writ of Error now in que&s;tion is <HI>Te&s;te</HI> the 4th. day of <HI>November</HI> in the &s;aid
32. year of his &s;aid late Maje&s;ties Reign, &s;ince which time not only the Eejctment Lea&s;e, in the Record mentioned is expired but before the &s;aid <HI>George Durdant</HI> the le&s;&s;er therein named, is dead and the le&s;&s;ee <HI>John James</HI> is reported to be dead, &s;o that the &s;aid <HI>Richard&s;on</HI> can have no Re&s;titution of the &s;aid 30 <ABBR><HI>l.</HI></ABBR> for Co&s;ts, and 50 <ABBR><HI>l.</HI></ABBR> for mean Profits; neverthele&s;s &s;ome other Per&s;ons carry on the &s;aid Writ of Error.</P>
</DIV1>
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