Copyright USGenNet Inc., 2014 All Rights Reserved USGenNet Data Repository Please read USGenNet Copyright Statement on this page: Transcribed and submitted by Rachel Fuller for the USGenNet Data Repository http://www.us-data.org/ =========================================================================== Formatted by USGenNet Data Repository Chief Archivist, Linda Talbott All of the above information must remain when copied or downloaded. =========================================================================== The State Records of North Carolina Laws, Vol. XXV, Laws 1789 - 1790, And Supplement Omitted Laws 1669-1783 Collected and Edited by Walter Clark, Chief Justice of the Supreme Court of North Carolina [pp. 170-172] An Act, to confirm a decree made in the Court of Chancery of this Province, upon a bill of complaint exhibited by William Duckenfield, Esq. I. Whereas at a Court of Chancery, held the eleventh day of May, one thousand seven hundred and thirteen, upon the complaint of William Duckenfield, Esq., a decree was passed in these words, viz. North Carolina, ss. At a Court of Chancery held at the house of Capt. Thomas Lee, in Chowan Precinct, on Monday May the 11th, Anno Domini 1713. PRESENT: The Honourable THOMAS BOYD, WILLIAM REED, CHR. GALE, TOBIAS KNIGHT, Esqrs. Lords Proprietors Deputies. "Upon reading the bill of complaint of William Duckenfield, of the said Precinct of Chowan, Esq. this Day, therein setting forth, that he the said William Duckenfield, about sixteen years last past, was, and yet is, lawfully seized, in his demesne, as of fee, of an in one large tract or parcel of land in the precinct afore- said, containing by estimation four thousand acres, bounding on Albemarle sound eastward and on Salmon creek westward, and being therefore so seized, on John Arderne, Esq. coming into this govern- ment and being something related to him the said Duckenfield by intermarriage, and the said John Arderne being in low circumstances and not in possession of any visible estate, he the said Ducken- field, the better to give credit and reputation to him the said Arderne, and to put him in the possession of a visible estate, thereby to advance himself, upon especial truth and confidence which he then reposed secretly in the said Arderne, by his deed sufficient in the law, bearing date the thirty first day of July, Anno Domini 1702, did grant, bargain and sell, unto the said Arderne the aforesaid tract or parcel of land containing four thou- sand acres; to have and to hold the same unto him the said Arderne, his heirs and assigns, for ever: which said deed mentions that the same was for and in consideration of the sum of two hundred pounds in hand paid, when in truth the said two hundred pounds was not paid, nor any part or parcel thereof, nor intended to be paid, nor indeed could the said Arderne pretend to pay the same; but the said deed was passed for no other reason than what is above alleged: and further, that the said deed was not only meant and intended to be in trust, to the use of him the said Duckenfield esq. but, at the above time of making thereof, it was so declared and expressed, as well by the said Duckenfield, as by the said Arderne, in presence and hearing of divers witnesses, and not to the use of the said Arderne, other that in case the said Arderne should outlive him &c. And further that the said John Arderne did, as well at the signing the said deed as at divers times since, declare to divers persons, that he did not pay the two hundred pounds, and that the same deed was passed to him for no other use, intent, or trust, whatsoever, than that the same should absolutely return to him the said Ducken- field, in case he should outlive the said Arderne; and also, that the said Arderne, willing to make known to the world the many and uncommon favours he had received from him the said Duckenfield, by his last will and testament, in writing, bearing date the 22d day of October, 1707, doth make ample mention of the same, and that his intention was, to give all his estate both real and personal, that he was possessed of, or should have right to, to him, which he con- firms, by divers assertions in the said will mentioned, as by the same may and will appear; notwithstanding which divers persons, in- juriously designing to bring in question his the said Duckenfield's title to the aforesaid four thousand acres of land, although he was never out of possession thereof, do give out, that the fee simple of the said land is not in him, but in the heirs of the said John Arderne, and the trust reposed by him the said William Duckenfield: And forasmuch as the said deed, in writing, is absolutely without any use declared or expressed therein, and without any trust in the same mentioned, and that the aforesaid will of the said John Arderne doth not make express mention that the same four thousand acres, commonly known by the name of Salmon creek, were given, de- vised and bequeathed unto him the said Duckenfield, and his heirs, for lack and want of knowledge in the law of the said John Arderne, how to use apt and express words for the granting and conveying the same back again to him, pursuant to the trust reposed in the said John Arderne, although the intent and meaning of the said Arderne so to do may be sufficiently proved and observed; and the said John Arderne being now dead, who could make appear that the allegations in this bill of complaint are true and certain and divers evidences or witnesses, as well to the said deed, who could prove the afore- said use or trust declared and divers other witnesses which he could have produced to prove the same are some dead, others removed to parts unknown, some aged and impotent, and living far off, and not able to travel to this court, and others being transient per- sons, &c. do therefore pray, that a commission may be issued out of this court, directed to such persons as may be thought fitting, to examine such witnesses, in perpetuam rei memoriam, as shall be pro- duced by him the said Duckenfield, for the proof of the aforesaid use, or trust, &c. or also that by the decree of this court, he may be relieved in the premises, and the fee-simple of the aforesaid land be adjudged and decreed to him &c. And upon reading the several depositions taken by virtue of the aforesaid, commission out of this court, as also the will of the said John Arderne, and upon due and mature consideration thereon, this court are of opin- ion, that the said deed mentioned in the said bill was made only in trust and that no consideration was ever paid and satisfied, or in- tended to be paid or satisified, for the same; and it is the opin- ion of this court likewise, that the said John Arderne's intent and design, by his last will and testament, was to give and bequeath the same lands back again to him the said William Duckenfield, and his heirs forever, although express mention thereof be not made therein. "Whereon this Court do declare, adjudge, order and decree, that the aforesaid deed be nul and void, and that the aforesaid four thousand acres of land do revert, come and remain unto the said William Duckenfield, Esq. and to his heirs and assigns forever, without the least let molestation, or hindrance of any person or persons, claiming from, by, or under the aforesaid John Arderne, or his heirs, executors, adminstrators or assigns, or any from or un- der them, or either of them." Ordered, decreed, and entered, by us, and our order, the above- said 11th day of May, Anno Domini, 1713. Which decree, upon the prayers of the said William Duckenfield, having been carefully and duly considered by this Assembly; II. Be it enacted by his Excellency the Palatine, and the rest of the true and absolute Lords Proprietors of the Province of Carolina, by and with the advice and consent of the rest of the members of the General Assembly, now met at the General court- house, at Queen Anne's creek, in Chowan precinct, for the North East Part of the said province, and it is hereby enacted by the authority of the same, that the decree, upon the bill of complaint of William Duckenfield, Esq. recited, passed, and inrolled in the court of chancery, the eleventh day of May, one thousand seven hun- dred and thirteen, and every part and parcel, article and clause therein contained, shall be and remain firm and available in law and equity, to all intents and purposes whatever contained therein, without being liable to any bill of reverse, or other process what- ever to reverse and annul the same. =========================================================================== If you've reached this file through a SEARCH, you can access more of our growing collection of FREE online information by going to the following URL: http://www.us-data.org/ ===========================================================================