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. Stephens v. Gerrard, 1 Sid. 315, 82 Eng. Rep.
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
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, 2014.