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<DATE>2013-02-05</DATE>
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<NAME>John Pas</NAME>
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<ITEM>Proofed and reviewed as part of batch B121110.pdcc.</ITEM>
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<STC T="W">B1670AA</STC>
<STC T="C">R172683</STC>
<BIBNO T="oclc">[ocm]61296859</BIBNO>
<VID>180454</VID>
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<DIV1 TYPE="text">
<PB REF="1">
<HEAD>THE Re&s;pondent Thomas Bedford's CASE.
<NOTE PLACE="marg"><LIST>
<ITEM><HI>Jenoway, &amp; &V;x. &amp; Dickens &amp; al.</HI> Appel.</ITEM>
<ITEM><HI>Thomas Bedford &amp; al.</HI> Re&s;pon.</ITEM>
</LIST></NOTE></HEAD>
<P>THAT <HI>Edmund Arnold</HI> E&s;quire, by his Will Dated the &s;ixth of <HI>May,</HI> 1675. having given &s;everal Legacies, did be|queath the re&s;t and re&s;idue of his Money and Per&s;onal E&s;tate, after his Debts paid, and Funerals di&s;charged, to and among&s;t his Kindred, according to their mo&s;t need; to be di&s;tributed among&s;t them by his Executors, with the a&s;&s;i&s;tance of his Cozens <HI>Edward Buncher, John Steere,</HI> and <HI>John Buncher</HI> the younger; &s;aving &s;uch Legacies as he &s;hould by his &s;aid Will, or any Codicil or Codicils, further di&s;po&s;e of.</P>
<P>And of his &s;aid Will made <HI>Thomas Bedford</HI> Gent. Executor, and afterwards made two Codicils; and &s;hortly after (to wit, on or about the 27th of <HI>March,</HI> 1676.) dyed, leaving no I&s;&s;ue.</P>
<P>That the &s;aid Executor having proved the Will, there were in Ea&s;ter-Term, 1677. two Bills Exhibited in the Court of Chan|cery again&s;t him (one whereof was by <HI>Anne Carr</HI> the Te&s;tators Si&s;ter, and by about forty others of the nearer Kindred, who de&s;cended from the Brothers and Si&s;ters of the Te&s;tator, who were his Nephews and Nieces, and Children of Nephews and Nieces. And the other Bill was by remoter Relations (<HI>viz. William Jenoway</HI> and <HI>Elizabeth</HI> his Wife, <HI>Robert Dickens,</HI> and a great number of others who were de&s;cended from the Te&s;tators Unkles and Aunts by his Father and Mothers &s;ide) to have a &s;hare and di&s;tribution of the re&s;idue of the &s;aid E&s;tate. To each of which Bills the &s;aid Executor did put in his An&s;wer, and thereby &s;et forth an Accompt of the Per&s;onal E&s;tate: both which Cau&s;es were heard on the fifth of <HI>November</HI> 1678; and after a full hearing, the Court Decreed, That the Act of Parliament for better &s;etling Inte&s;tates E&s;tates, &s;hould be the rule that &s;hould be ob&s;erved for limiting the extent of the word <HI>Kindred;</HI> and that it &s;hould extend only to the Te&s;tators Si&s;ter <HI>Anne Carr</HI> and to her Children, and to the &s;aid Te&s;tators other Nephews and Nieces then living; and that no Kindred out of the degree of a Brother or Si&s;ter to the Te&s;tator, or a Child of &s;uch Brother or Si&s;ter, &s;hould come in, or have any &s;hare of the &s;aid re&s;idue. And that among&s;t tho&s;e that were to come into the di&s;tribution, the &s;aid Executor &s;hould chiefly con&s;ider them who had mo&s;t need, and &s;hould di&s;tribute the &s;aid re&s;idue in &s;uch manner and proportions as the &s;aid Executor &s;hould think fit, by and with the allowance of Sir <HI>Samuel Clerke</HI> Knight, one of the Ma&s;ters of the &s;aid Court, before whom the &s;aid Ex|ecutor was to Accompt for the &s;aid Per&s;onal E&s;tate; and of what upon the &s;aid Accompt the &s;aid Ma&s;ter &s;hould certifie to be remaining in the &s;aid Executors hands, he was to retain in his hands 300 <HI>l.</HI> for &s;ix years, or &s;o much longer as the &s;aid <HI>Anne Carr</HI> the Te&s;tators Si&s;ter &s;hould happen to live, for payment of Ten pound <HI>per Annum,</HI> given her by the &s;aid Will for her Life, and better indemnifying the &s;aid Executor again&s;t Debts. And that the re&s;idue of the Money that &s;hould be certified re|maining in the &s;aid Executors hands, with the Securities and Debts owing to the E&s;tate, &s;hould forthwith (and al&s;o what &s;hould be remaining of the afore&s;aid 300 <HI>l.</HI> all rea&s;onable allowances being fir&s;t deducted, &s;hould after the expiration of the &s;aid &s;ix years, and the death of the &s;aid <HI>Anne Carr</HI>) be di&s;tributed and a&s;&s;igned by the &s;aid Executor according to the directions afore&s;aid.</P>
<P>That in pur&s;uance of the &s;aid Decree, the &s;aid Executor did Accompt before the &s;aid Ma&s;ter, who by his Report, bearing date the 20th day of <HI>February,</HI> 1678, did certifie, that there did remain in the &s;aid Executors hands, the &s;um of 1471 <HI>l.</HI> 16 <HI>s.</HI> 10 <HI>d.</HI> be&s;ides the &s;aid Debts and Securities which were to be di&s;tributed; and did allow of the proportions to be di&s;tributed and a&s;&s;igned to the &s;everal per&s;ons, as therein were particularly mentioned. Which Report was afterwards (<HI>viz.</HI> upon the 26th day of <HI>February,</HI> 1678) confirmed by the Decree of that Court. And in obedience to the &s;aid Decree, the &s;aid Mr. <HI>Bedford</HI> the Executor did long &s;ince actually pay to the &s;everal per&s;ons the &s;everal proportions, and al&s;o a&s;&s;igned the &s;aid Debts and Securities, as by the &s;aid Report and Decree was directed.</P>
<P>That the &s;aid <HI>William Jenoway,</HI> and <HI>Elizabeth</HI> his Wife, <HI>Robert Dickens,</HI> and others of the remoter Relations, (which were out of the degrees limited by the &s;aid Decree) have Appealed from the &s;ame to the Hou&s;e of Lords, and the de&s;ign of their Appeal is to be let in to have a &s;hare of the &s;aid re&s;idue.</P>
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