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Browsing: Legal Papers of John Adams, Volume 1

This note contained in document ADMS-05-01-02-0006-0003-0002
14. Stephens v. Gerrard, 1 Sid. 315, 82 Eng. Rep. 1128 (K.B. 1666), was an action in ejectment in which “le title del defendant fuit le volunt [will] de Sir Edward Worsley ... et ceo volunt fuit escrite per un Bainham de Greys-Inn, et come il jure publy per luy mes ne fuit subscribe per Sir E. W. sed remain in loose sheets.” The case was heard “Sur trial al Bar” and various “excepcons” were taken to Bainham's testimony on the grounds of his interest in the will and the lands in suit. The court allowed his evidence, however, “et le jury done verdit ple [pour le] volunt.” The discussion of the case in Nelson, Lex Testamentaria, upon which JA probably relied, concludes: “and this was adjudged to be a good Will.” See note 1713 above. The report indicates, however, that the issue of informality was not directly raised.
Cite web page as: Founding Families: Digital Editions of the Papers of the Winthrops and the Adamses, ed.C. James Taylor. Boston: Massachusetts Historical Society, 2018.