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5. unwillingness to witness the paper unless it was read, they refused to permit him to read it, said it was unnecessary and all he was required to do was to witness her acknowledgement; and the writing being folded down so that he could not see it, except the signature &c, Frankey Miles was asked if she acknowledged it, and he signed as witness of that acknowledgement. The Magistrate's certificate does not state that he read or explained the deed to her. We are of opinion that her declaration that this deed was never read or explained to her is true; and that she has been induced to sign an instrument she did not understand, and which was stated to her to be entirely different from what it is. We are of opinion that this Deed to Edwin Harrison is fraudulent & void. But if it were not so, we are of opinion that it conveyed nothing to Edwin Harrison, because the Deed to S. S. Weisiger had previously conveyed to him all her right Title and interest to property of every description acquired by her under the will of Nath. Harrison decd. As far as we are informed, and there is nothing on which the Deed to Edwin Harrison can operate; the Deed to Weisiger being unrevoked, if it could be, and he being alive and executing its trusts. If this Deed to Edwin Harrison were valid and conveyed this property to him, it is only in trust to execute all the trusts of the decd to Weisiger, and one of the trusts of that deed is that Frankey Miles shall retain possession of the land & other property, and employ any manager she chooses; and she declares that she chooses to continue to employ the said Albert T.
Transcription Notes:
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Reopened for Editing 2024-01-29 21:26:29
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Reopened for Editing 2024-01-30 17:40:57