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<DATE>2013-11-15</DATE>
<RESPSTMT>
<NAME>John Pas</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Proofed and reviewed as part of batch B131011.apex.</ITEM>
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<IDG S="marc" R="UM" ID="B18618">
<STC T="W">C993B</STC>
<STC T="G">L.R.305.a.7.[11]</STC>
<STC T="C">R223025</STC>
<STC T="C">R227733</STC>
<BIBNO T="umi">99887486</BIBNO>
<VID>190452</VID>
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<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="text">
<PB REF="1">
<HEAD>The CASE OF Sir <HI>FRANCIS FANE</HI> The Younger.</HEAD>
<P>FIRST, The Bill &s;etteth forth, that upon his Marriage be &s;et|tled the Mannor of <HI>Firbeck,</HI> and Lands thereunto belonging, lying in the County of <HI>York,</HI> upon &s;everal Tru&s;tees, to the u&s;e of him&s;elf for Life; the Remainder to <HI>Hannah</HI> his Wife for her Joynture; the Remainder to the Heirs Males of the Body of the &s;aid Sir <HI>Francis Fane</HI> on the Body of the &s;aid <HI>Hannah</HI> his Wife, the Remainder to the Right Heirs of Sir <HI>Francis Fane</HI> in Fee; &s;o there is no other Remainder limited in the &s;aid conveyance, which might be cut off, if Sir <HI>Francis</HI> and his Wife, and the Tru&s;tees had joyned, they might have made a good E&s;tate, without an Act of Parliament.</P>
<P>But there being a Lea&s;e for ninety nine years, of the &s;ame Mannor, and Lands to other Tru&s;tees, for a Provi&s;ion for Daughters Portions begotten by Sir <HI>Francis</HI> on the Body of his &s;aid Wife, in ca&s;e there were no Heirs Males: If the &s;aid Tru&s;tees had &s;uffered a Recove|ry of this E&s;tate, and the effect of the fir&s;t Conveyance cea&s;ing, would have come in upon them, and ve&s;ted in Intere&s;t; &s;o that this Lea&s;e without an Act of Parliament cannot be un&s;ettled; nor can any good E&s;tate be made, to a Purcha&s;er. The Act further &s;ets forth, that there being &s;ome incumbrances upon the &s;aid Mannor of <HI>Firbeck,</HI> undi&s;charged before the &s;aid &s;ettlement: and that he the &s;aid Sir <HI>Francis</HI> hath contracted &s;ome Debts &s;ince, is de&s;irous that the &s;aid Debts might be paid, and Incumbrances di&s;charged: But having no other Lands which he can expo&s;e to &s;ale, which will be &s;old at &s;o <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ood a rate, as the &s;aid Mannor of <HI>Firbeck,</HI> The &s;aid Sir <HI>Francis</HI> hath prevailed with <HI>John Ru&s;hworth</HI> Father of the &s;aid <HI>Hannah,</HI> and with the Tru&s;tees to con&s;ent to the &s;ale thereof; provided always, that the &s;aid Sir <HI>Francis</HI> do &s;ettle an E&s;tate equivalent, to the value of the &s;aid Mannor and Premi&s;&s;es.</P>
<P>And it is particularly expre&s;&s;ed in the &s;aid Act, what E&s;tate the &s;aid Sir <HI>Francis</HI> doth &s;ettle, in lieu of the &s;aid Mannor, as a Provi&s;ion for a Joynture for his &s;aid Wife, for the good of the Heirs Males, and for Daughters Portions in ca&s;e of no Heirs Males; and hath (by Deed in Writing under his Hand and Seal) &s;ettled that E&s;tate accord|ingly in ca&s;e it plea&s;e the Parliament to pa&s;s this Act; wherein the con|&s;ent of all parties doth concur accordingly.</P>
<PB REF="2" MS="y">
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