68 Charles William Wallace 



lawfully to the said Complaynante graunted or assigned by her 

 the said Anne whilest shee was law full and sole executrix of the 

 said testamente, the said defend 1 Hemwynges could not after- 

 wards drawe backe or regaine the same nor \ et prriudice the said 

 Complaynant therein nor clayme the same by any good tytle or 

 other meanes, nor yet was he or could he be any lawfull executor 

 of the same will after shee had proved and accepted of the same 

 neither could or might shee afterwardes when shee was maried 

 relinquish the same and yeild it vpp vnto the said defend 1 Hem- 

 mynges w th out the compl tes concent or that the same administra- 

 tion of the said defP could be or was lawfullie committed to the 

 said defend 1 Hemmyngs of the said goodes and Chattells of the 

 said Anne Phillippes as his executor w ch if it weare not soe yet 

 the said defend 1 Hemmyngs doeth by his said answeare make the 

 matter cleare and plaine against himself for the said Complayn 1 

 in his expressinge and recitall of the said provisoe or Condicion 

 in the said will to be that if the said Anne should at any tyme 

 marry after his decease that then and from thenceforth shee 

 should cease to be any more or longer executrix of his said last 

 will or any wayes intermedle with the same. And that then and 

 from thenceforth the said defend 1 Hem/nyngs and the others 

 therein nominated should be fullie and whollie his executors. Soe 

 as it is very evidente and certaine that the full and whole power and 

 authoritie rested in her solie all the tyme of her wyddowehoode 

 at the least, and that duringe all the same time there could be 

 none other executor nor any meanes or good coullor to alter voide 

 or crosse her executorshipp graunte or assignement or any other 

 matter or acte shee did as executrix duringe all the time of her 

 wydowehoode w ch alsoe should and ought to'contynewe and re- 

 mayne good and effectuall after her intermarriadge with the said 

 Complayn 1 beinge formerlie well and duelie made or executed. 

 And for asmuch as the said defend 1 Hemmynges confesseth the 

 haueinge in his hands and custodie aswell of the said release and 

 the said deede whereby the said Augustine Phillipps had a fifth 

 part of the moitie of the said play howse galleries gardens 

 and grounds duringe the said tearme of veares yet indurinsre. 



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