<!DOCTYPE ETS PUBLIC "-//UMDLPS//DTD EEBOPROOF 2.0//EN">
<ETS>
<TEMPHEAD>
<REVDESCR>
<CHANGE>
<DATE>2008-05-02</DATE>
<RESPSTMT>
<NAME>Mona Logarbo</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Proofed and reviewed as part of batch B080412.pdcc.</ITEM>
</CHANGE>
</REVDESCR>
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<EEBO>
<IDG S="marc" R="UM" ID="B02606">
<STC T="W">C979</STC>
<BIBNO T="oclc">52211927</BIBNO>
<VID>175496</VID>
</IDG>
<TEXT>
<BODY>
<DIV1 TYPE="lawsuit">
<PB REF="1" MS="y"><!-- PDF PAGE 11 -->
<HEAD>The Ca&s;e of Roger Price, <ABBR>E&s;q</ABBR> TOGETHER WITH REASONS inducing the pa&s;&s;ing an Act of Parliament for Settling his Wife a Jointure.</HEAD>
<P><HI>ROGER PRICE</HI> the Petitioner's Father being &s;eized in Fee of the Mannour of <HI>We&s;tbury</HI> in the County of <HI>Bucks,</HI> of the value of 400 <HI>l. per Annum</HI> did by a voluntary Settlement dated the 25th. Day of <HI>June</HI> 1658, convey the &s;ame to Sir <HI>John Cutler</HI> and <HI>Edward Tru&s;&s;ell</HI> and their Heirs, to the u&s;e of him&s;elf and <HI>Anne</HI> his Wife for their re&s;pective Lives; the remainder to <HI>John Price</HI> his Elde&s;t Son then born, and the Heirs Males of his Body, with Remainders to his Second, Third, and every other Son on the Body of <HI>Anne</HI> begotten, in Tayle Male with Remainders to the Heirs of the Body of him and <HI>Anne</HI> to be begotten, and the Remainders to his right Heirs under a Provi&s;o, That it &s;hould be lawfull for the &s;aid <HI>Roger Price,</HI> at any time during his Life, by his Deed or Deeds to alter, change, revoke, determine and make void all or any the E&s;tate or E&s;tates, U&s;e or U&s;es limited to any of his Sons. And that from and after &s;uch alteration, change, revocation, determination, or making void thereof, that the &s;aid Sir <HI>John Cutler,</HI> &amp;c. &s;hould &s;tand &s;eized of the Premi&s;&s;es, to &s;uch U&s;e and U&s;es of any the Son or Sons of the &s;aid <HI>Roger</HI> and <HI>Anne,</HI> and for &s;uch E&s;tate and E&s;tates, to &s;uch Son or Sons as the &s;aid <HI>Roger Price</HI> the Petitioner's Father by his Deed or Deeds &s;hould declare, limit or appoint.</P>
<P>The &s;aid <HI>Roger Price</HI> the Father being &s;o &s;eized, and having I&s;&s;ue <HI>Roger</HI> his &s;econd Son, <HI>George, Thomas,</HI> and other his younger Sons on the Body of the &s;aid <HI>Anne,</HI> and <HI>John</HI> the fir&s;t Son being dead without I&s;&s;ue, the &s;aid <HI>Roger</HI> the Father by Indenture Tri|partite dated the 8th of <HI>Augu&s;t</HI> 1676. reciting the afore&s;aid Settlement and Proviso, did pur&s;uant thereunto, revoke all and every the E&s;tate and E&s;tates, U&s;e and U&s;es in and by the &s;aid Settlement limited; and thereby limited the &s;aid Mannour and Premi&s;&s;es, and declared that the U&s;es and E&s;tates of and in the &s;aid Premi&s;&s;es &s;hould be and enure; and that the &s;aid Sir <HI>John Cutler,</HI> &amp;c. &s;hould &s;tand &s;eized of all the Premi&s;&s;es from and after his Decea&s;e to the u&s;e of the Petitioner <HI>Roger Price</HI> his then Son and Heir apparent, for Ninety nine years, if he &s;o long lived, with Remainders to three of his younger Sons and their Heirs for the Life of <HI>Roger</HI> the Petitioner, to pre&s;erve contingent Remainders with Remainder to the fir&s;t Son of <HI>Roger Price</HI> the Petitioner and every other his Sons &s;ucce&s;&s;ively in Tayle Male, with like Remainders to every other the Sons of the &s;aid <HI>Roger Price</HI> the Father and their re|&s;pective Sons in Tayle Male, with power to each of them when in po&s;&s;e&s;&s;ion &s;ucce&s;&s;ively to make, give, limit and appoint any of the Premi&s;&s;es (except the Mannour-Hou&s;e, Gardens and Grounds about the &s;ame therein excepted) unto or to the u&s;e of any Wife or Wives, Woman or Women, as they re&s;pectively &s;hould Marry, for the Jointure of &s;uch Wife or Wives for their re&s;pec|tive Lives.</P>
<P><HI>Roger Price</HI> the Father al&s;o by his Will bearing Date the 26th of <HI>Augu&s;t</HI> 1676. &s;ettles other Lands within the afore&s;aid Mannour (by him purcha&s;ed after the &s;aid Settlement) to the &s;ame u&s;e, with like Power to limit the &s;ame al&s;o for Jointures as he had before done by the Deed, chargeable neverthele&s;s with &s;everal Annuities for Life (40 <HI>l. per Annum</HI> whereof is &s;till in being.)</P>
<P><HI>Roger</HI> the Father being dead, the &s;aid <HI>Roger</HI> the Petitioner (being in Po&s;&s;e&s;&s;ion) limited the Premi&s;&s;es in Jointure to <HI>Elizabeth</HI> his Wife, but it being doubtfull whether &s;uch Power to <HI>Roger</HI> the Petitioner be &s;ufficient and good in Law as was intended by his Father, It is therefore prayed an Act may pa&s;s to confirm and make good that Power to him and his Brothers when in po&s;&s;e&s;&s;ion &s;ucce&s;&s;ively.</P>
<DIV2 TYPE="part">
<HEAD>Rea&s;ons humbly offered for pa&s;&s;ing the Bill.</HEAD>
<P><LABEL>Fir&s;t,</LABEL> for that it appears by the Settlement and Will, the Father intended the Sons &s;ucce&s;&s;ively &s;hould have power to make &s;uch Jointure.</P>
<P><LABEL>Secondly,</LABEL> for that <HI>Elizabeth</HI> the Wife of the Petitioner brought a Fortune of 7000 <HI>l.</HI> into the Family.</P>
<P><LABEL>Thirdly,</LABEL> for that they have Five Sons and a Daughter living, and the Elde&s;t Son will have (be&s;ides the Mannour of <HI>We&s;tbury,</HI> &s;o intended for the Jointure of the Wife) an E&s;tate of 1500 <HI>l. per Annum,</HI> which is now and hath been ever &s;ince the Petitioner's Father's Death in Tru&s;tees hands for rai&s;ing of Portions for the Brothers and Si&s;ters of the Petitioner.</P>
<P><LABEL>Fourthly,</LABEL> unle&s;s the Petitioner can make a Jointure (according to his Father's Intention) out of <HI>We&s;tbury,</HI> he will be di&s;abled from making any Provi&s;ion for his younger Children, the re&s;t of his E&s;tate (except 150 <HI>l. per Annum</HI>) being entailed upon his Elde&s;t Son.</P>
<P><LABEL>Fifthly,</LABEL> for that the Petitioner was forced to &s;ettle the &s;aid 150 <HI>l. per Annum,</HI> and his Wives E&s;tate in Hou&s;es and Land, worth about 200 <HI>l. per Annum</HI> (which is intended for the younger Children) for a Collateral &s;ecurity that his Wife &s;hould enjoy her &s;aid Jointure until an Act of Parliament could be obtained to confirm the &s;ame, and unle&s;s &s;uch Act be obtained the Collateral &s;ecurity cannot be di&s;charged, &s;o that the younger Children cannot have any thing during their Mothers Life.</P>
</DIV2>
</DIV1>
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</TEXT>
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