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<DATE>2014-04-28</DATE>
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<NAME>TCP Staff (Michigan)</NAME>
<RESP>MURP</RESP>
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<ITEM>Proofed and reviewed as part of batch B140218.pdcc.</ITEM>
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<EEBO>
<IDG S="marc" R="UM" ID="B18734">
<STC T="W">C1196B</STC>
<STC T="G">L.R.305.a.7.[34]</STC>
<STC T="C">R227813</STC>
<BIBNO T="umi">99887520</BIBNO>
<VID>190498</VID>
</IDG><!-- alt.stc GL.R.305.a.7.[34] --><!-- alt.stc CR227813 -->
<TEXT LANG="eng">
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<DIV1 TYPE="text">
<PB REF="1" MS="y">
<HEAD>The CASE of WILLIAM now Earl of DERBY Executor of CHARLOTTE KATHERINA SAVAGE Decea&s;ed, <HI>Only Daughter of</HI> Thomas <HI>Lord</HI> Colche&s;ter <HI>Deceas'd, in aan Appeal Depending before the Right Honourable the Lords Spiritual and Temporal in Parliament A&s;&s;embled, from a Di&s;mi&s;&s;ion made in the High Court of</HI> Chancery, <HI>of a Bill Exhibited by</HI> Thomas <HI>Earl</HI> Rivers <HI>Plaintiff, again&s;t the Earls of</HI> Derby <HI>and</HI> Strafford, Frances Richard&s;on <HI>Exe|cutrix of</HI> John Richard&s;on, <HI>and</HI> Thomas Munne <HI>Dfendants.</HI></HEAD>
<P><HI>THomas</HI> Lord <HI>Colche&s;ter</HI> elde&s;t Son of the Earl <HI>Rivers</HI> in the life time of <HI>Charles</HI> Earl of <HI>Derby</HI> Father of the now Earl, Married <HI>Charlotte Henrietta</HI> Daughter of Earl <HI>Charles,</HI> and Si&s;ter of the now Earl of <HI>Derby:</HI> And Earl <HI>Charles</HI> pay'd 2850 <HI>l.</HI> part of the Portion in his Life time; And he dying, the now Earl of <HI>Derby</HI> after his Death agreed to pay, and accordingly did pay 4500 <HI>l.</HI> in full. And thereupon.</P>
<P><HI>John Savage</HI> and <HI>Robert Pickering</HI> E&s;quires,
<NOTE PLACE="marg">11/12. <HI>May,</HI> 78.</NOTE> by Indentures of Lea&s;e and Relea&s;e for the Con&s;ideration therein mentioned, at the Reque&s;t of the Earl of <HI>Rivers</HI> and <HI>Thomas</HI> Lord <HI>Colche&s;ter</HI> his Son, Granted and Settled the Mannors of <HI>Chich,</HI> St. <HI>O&s;ith, Great Clacton</HI> and <HI>Little Clacton,</HI> and other Lands and Hereditaments <HI>Comit' E&s;&s;ex</HI> upon the Lord <HI>Colche&s;ter</HI> for Life Remainder as to part, to his Lady for Life in Joynture, Remainder to the Sons of that Marriage in Tail Male; Remainder to the Earl <HI>Rivers</HI> in Tail Male, with Remainder over, Remainder to the Earl <HI>Rivers</HI> right Heirs.</P>
<P>With a Provi&s;oe, and upon Condition that if the Lord <HI>Colche&s;ter</HI> and all his I&s;&s;ue Male by the Lady <HI>Charlotte</HI> &s;hould die, or that for want of I&s;&s;ue Male by her, the Premi&s;&s;es, or any part thereof, &s;hould after his, or her Death remain, or come to any other Heir Male of him, or to any other per&s;on by force of tho&s;e Limitations: And that if there &s;hould be any Daughter or Daughters of <HI>Thomas</HI> Lord <HI>Colche&s;ter</HI> on the Body of the Lady <HI>Charlotte</HI> begotten, living at his Death; That then the &s;aid Earls of <HI>Derby</HI> and <HI>Strafford,</HI> Mr. <HI>How</HI> and Mr. <HI>Hide</HI> and their Heirs, &s;hould &s;tand and be Seized of all the &s;aid Mannors and Premi&s;&s;es, other then except the Premi&s;&s;es limited to the Lady <HI>Chorlette</HI> in Joynture, and after her Death: Then thereof likewi&s;e, to the intent and purpo&s;e that &s;uch Daughter and Daughters &s;hould and might receive, perceive and take the Sum of 10000 <HI>l.</HI> out of the Rents, I&s;&s;ues, Revenues and Profits thereof (except <HI>ut &s;upra</HI>) to the u&s;e of &s;uch one Daughter, if there be but one, and if more, then the 10000 <HI>l.</HI> to be equally divided and di&s;tributed among&s;t them, together with the &s;everal Sums of 100 <HI>l.</HI> a piece yearly for the Maintenance of &s;uch Daughter and Daughters, from the Death of their Father, until payment of the &s;aid 10000 <HI>l.</HI> which is intended for their Portion and Portions as afore&s;aid.</P>
<P>By Vertue whereof the Lord <HI>Colche&s;ter</HI> became Seized of the Premi&s;&s;es, and received the Rents and Profits there|of during his Life; and about <HI>October</HI> 1679. dy d without I&s;&s;ue Male, leaving I&s;&s;ue by his &s;aid Lady who Survived him, one only Daughter <HI>Charlotte Katherina Savage,</HI> whereby his Lady became Seized of the Joynture, Pre|mi&s;&s;es, and the Tru&s;tees of the Re&s;idue for rai&s;ing the 10000 <HI>l.</HI> and Maintenance.</P>
<P>The Joynture&s;s entered and enjoyed her Joynture, and of the Re&s;idue the &s;aid <HI>John Richard&s;on</HI> being Bayliff or Receiver to the Lord <HI>Colche&s;ter,</HI> continued to Receive the Profits, and paid the 100 <HI>l. per Annum</HI> Maintenance during his life, and died there, being then in his hands about 387 <HI>l.</HI> 15 <HI>s.</HI> 3 <HI>d.</HI> which came to the hands of his &s;aid Executrix.</P>
<P>After his Death, the Earls of <HI>Derby</HI> and <HI>Strafford,</HI> being the &s;urviving Tru&s;tees, Authorized the Defendant <HI>Minne</HI> to manage the E&s;tate and receive the Profits, and he paid the 100 <HI>l. per Annum</HI> Maintenance during the &s;aid <HI>Charlotte Katherina</HI>'s life time, and at her Death had about 140 <HI>l.</HI> 11 <HI>s.</HI> in his hands.</P>
<P>The &s;aid <HI>Charlotte Katherina Savage</HI> died without I&s;&s;ue and unmarry'd,
<NOTE PLACE="marg"><HI>ult Marcii,</HI> 1687.</NOTE> being of the Age of 17 years and up|wards, having after 17 made her Will, and the Earl of <HI>Derby</HI> her Uncle Executor, who proved the Will.</P>
<P>That the Earl <HI>Rivers</HI> upon her Death, entering and denying Po&s;&s;e&s;&s;ion, and Demanding the Moneys in Mrs. <HI>Richard&s;on</HI> and Mr. <HI>Munn</HI>'s hands, the Earls of <HI>Derby</HI> and <HI>Strafford, Michaelmas-Term</HI> 3 <HI>Jac.</HI> 2. brought an Eject|ment, and <HI>Hillary</HI> 1687. had Judgment to recover by Confe&s;&s;ion of the Earl <HI>Rivers,</HI> who,</P>
<P>Exhibited his Bill in <HI>Chancery,</HI>
<NOTE PLACE="marg">31 <HI>Jan.</HI> 87.</NOTE> &s;etting out the Settlement and Provi&s;o, and that <HI>Charlotte Katherina</HI> dying before 21 and unmarry'd, the Portion was &s;unk into the Inheritance, and ought not to be rai&s;ed, and prayed Relief and a reconveyance by the two Earls, and payment to him of the Money in Mrs. <HI>Richard&s;on</HI> and Mr. <HI>Munn</HI>'s hands. The Defendants An&s;wered, and</P>
<P>The Cau&s;e coming to Hearing before the Lord <HI>Chancellor,</HI>
<NOTE PLACE="marg">18 <HI>July</HI> la&s;t:</NOTE> and the Ca&s;e appearing to be <HI>ut &s;upera,</HI> and the Que&s;tion being, whether the &s;aid <HI>Charlotte Katherina</HI> being dead before 21 or Marriage, the Money already rai&s;ed towards the 10000 <HI>l.</HI> &s;hould be pay'd to the Plaintiff or her Executor, and whether the remainder of the 10000 <HI>l.</HI> &s;hould be rai&s;ed and pay'd, or &s;ink into the Inheritance. And upon long Debate, the Court Declared, That the 10000 <HI>l.</HI> was an Intere&s;t ve&s;ted in <HI>Charlotte Katherina,</HI> and was, and became due and payable as fa&s;t as the &s;ame could be rai&s;ed after the Death of her Father, and that the Moneys rai&s;ed, and the Re&s;idue of the 10000 <HI>l.</HI> did belong to, and ought to be rai&s;ed and pay'd to the Earl of <HI>Derby</HI> as Executor, and was not &s;unk into the Inheri|tance. And therefore Di&s;mi&s;s'd the Bill.</P>
<P>That after this Hearing, the Earls Defendants Sued out a Writ of Po&s;&s;e&s;&s;ion which was executed about <HI>Augu&s;t</HI> or <HI>September</HI> la&s;t, and Mrs. <HI>Richard&s;on</HI> and Mr. <HI>Munne</HI> (who had till then detained it) pay'd the Moneys in their hands, being (after Deduction for the Sheriffs Fees) in all 518 <HI>l.</HI> 10 <HI>s.</HI> to the Earl of <HI>Derby,</HI> which is all has been Received.</P>
<P>And now the Earl <HI>Rivers</HI> has brought his Petition of <HI>Appeal</HI> in Parliament to have the Di&s;mi&s;&s;ion in <HI>Chancery</HI> Revers'd, and a Decree made according to his Bill there.</P>
<P>And the Que&s;tion in General is, Whether the Limitation being only <HI>quou&s;que,</HI> the 10000 <HI>l.</HI> rai&s;ed, and the <HI>Ap|pellant</HI> both by his Petition and Bill, and the Confe&s;&s;ion of the Judgment, admits the Law to be again&s;t him. Whether a pretence of Equity &s;hall &s;o far interpo&s;e, as to control the expo&s;ition of Law in this Ca&s;e, and the ex|pre&s;s Letter of the Deed, no previous agreement being &s;o much as alledg'd to make the Deed otherwi&s;e than as it is Pen'd, nor limitation of any certain term for a &s;ecurity, nor of time either of Age or Marriage for Payment.</P>
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