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<DATE>2008-05-03</DATE>
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<NAME>Mona Logarbo</NAME>
<RESP>MURP</RESP>
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<ITEM>Proofed and reviewed as part of batch B080410.pdcc.</ITEM>
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<IDG S="marc" R="UM" ID="A78244">
<STC T="W">C1059</STC>
<BIBNO T="umi">99897794</BIBNO>
<VID>137322</VID>
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<TEXT>
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<DIV1 TYPE="Parliamentary case">
<PB REF="1" MS="y"><!-- PDF PAGE 8 -->
<HEAD>THE CASE OF THE CREDITORS, OF Jo&s;eph, and Nathaniel Hornby, In Relation to the Bill of Mrs. <HI>Katherine Fitz Gerald Villers,</HI> Widdow of <HI>Edward Fitz Gerald Villers</HI> Decea&s;ed.</HEAD>
<P>THE great Que&s;tion with Relation to the &s;aid Creditors is, whither there ever was any &s;uch Deed of Settlement Executed as is recited in the Mortgage, for 2000 <HI>l.</HI> made in <HI>May</HI> 86 by the &s;aid <HI>Edward</HI> to Sr.<HI>Theophilus Oglethorpe</HI> in which it is recited, that the &s;aid <HI>Edward</HI> had Power to grant or Mortagage the Lands in the Bill for rai&s;ing any Summ, not exceeding 12000 <HI>l.</HI> for payment of the Debts, or Portions for his Younger Children: Now the Rea&s;ons that induce the Creditors to believe there was a Deed Executed with &s;uch Power is, for that the Mortgage was made within three Months after the Deed of Settlement, and the Draught of a Settlement was produced to Coun&s;el, which was affirm'd to agree with the Deed; and therein there was &s;uch a Power as is recited in the Mortgage to Sr. <HI>Theophilus</HI> and Mr.<HI>Edward Villers,</HI> the Mortgager was e&s;teemed a Gentleman of that Worth and Honour, that he would not have offered it as a &s;ecurity, in ca&s;e he had no &s;uch Power.</P>
<P>Now admitting the Ca&s;e to be otherwi&s;e, and that Mr. <HI>Edward Villers</HI> was mi&s;taken, and had no &s;uch Power as is recited in the Mortgage, and that the Power he had was only what is given him by a Deed of the 24th of <HI>February</HI> 1685 which was produced to the Committee on <HI>Saturday</HI> la&s;t, whereby he had liberty by his la&s;t Will, or any other Writing by him to be perfected, to grant or convey the E&s;tate for rai&s;ing 12000 <HI>l.</HI> for the better provi&s;ion for his &s;aid Wife, or Portions for his Younger Children: Then the Que&s;tion will be how far this Mortgage may be made good in a Court of Equity, con|&s;idering the &s;everal circum&s;tances that attend the Ca&s;e: For fir&s;t, if Mr. <HI>Edward Villers</HI> had Mortgaged the E&s;tate for any Summ for the Maintenance of his Wife, that Money, when rai&s;ed, had been in his own di&s;po&s;al, there being no provi&s;ion to the contrary, in the Deed produced to the Committee.</P>
<P><HI>Secondly,</HI> in that very produced Deed, Mr. <HI>Villers</HI> had power to grant Lea&s;es for Three Lives, or 41 Years, re&s;erving a Moiety of Rents u&s;ually paid; Now this was giving &s;uch a Power over the E&s;tate, as might have Enabled him to Rai&s;e a much greater Summ, by let|<GAP DESC="illegible" EXTENT="1 letter">ing Lea&s;es at one Halfe of the Rents, and if the Mortgage to Sir <HI>Theophilus,</HI> had been by Lea&s;e of the whole E&s;tate, re&s;erving but a Moiety of the Rent, it had been a good Securi|ty, and he might have enjoyed the E&s;tate &s;ubject to the provi&s;oe, per&s;uant to the Power in &s;uch produced Settlement.</P>
<P>But be&s;ides all this, Mr. <HI>Villers</HI> by his Will, in which he Chargeth the E&s;tate with 12000 <HI>l.</HI> gives 2000 <HI>l.</HI> thereof to his Wife, be&s;ides &s;uch of the Childrens Portions as &s;hould Die before they became Payable: Now certainly this 2000 <HI>l.</HI> ought to be Accounted as part of his Per&s;onal E&s;tate, to pay a Creditor, where there is no other A&s;&s;etts.</P>
<P>Now, if the Creditors of <HI>Hornby</HI> can(as they are Advi&s;ed they may) be Releived in a Court of <HI>Equity</HI> upon this Mortgage, which is &s;ince legally A&s;&s;igned, and Conveyed to Tru&s;tees for their Benifit, <HI>'Its humbly hoped this Honourable Hou&s;e, in ca&s;e they Pa&s;s this Bill, will make provi&s;ion f<GAP DESC="illegible" EXTENT="1 letter">r their Receiving the &s;aid Debt.</HI></P>
<P><HI>Note,</HI> The Creditors of <HI>Hornby,</HI> were never heard upon the matter, when the Bill was before the Lords, or had any Notice thereof, till the &s;ame was in the Printed <HI>Votes.</HI></P>
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