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<DATE>2014-11-12</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 B140724.pdcc.</ITEM>
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<EEBO>
<IDG S="marc" R="UM" ID="B28832">
<STC T="W">R665A</STC>
<STC T="G">L.R.305.a.7.[36]</STC>
<STC T="C">R223025</STC>
<STC T="C">R227816</STC>
<BIBNO T="umi">99887522</BIBNO>
<VID>190501</VID>
</IDG><!-- alt.stc GL.R.305.a.7.[36] --><!-- alt.stc CR223025 --><!-- alt.stc CR227816 -->
<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="text">
<PB REF="1" MS="y">
<HEAD><LIST>
<HEAD>APPEALANTS.</HEAD>
<ITEM><HI>WALTER WILLIAMS,</HI></ITEM>
<ITEM>And <HI>ELIZABETH</HI> his Wife</ITEM>
</LIST> RICHARD REED <HI>the Younger,</HI> RESPONDENT. The Appeal is to be relieved again&s;t two Decrees, the fir&s;t made by the Lord Keeper <HI>Coventry, Anno</HI> 1639. (46 Years &s;ince) the Second by the Earl of <HI>Nottingham,</HI> late Lord Chancellor, 32 <HI>Car.</HI> II.</HEAD>
<HEAD>The CASE of the RESPONDENT.</HEAD>
<P><NOTE PLACE="marg">10 <HI>Jacob.</HI></NOTE><HI>JOhn Reed</HI> &s;eized of the two Meadows in que&s;tion, demi&s;eth them to <HI>Katharine Reed,</HI> his Si&s;ter, for 99 Years, and after con|veys the Inheritance to <HI>Edward Reed,</HI> his Brother. <HI>Katharine</HI> enters, and by Will devi&s;eth the Profits, being 100 <HI>l. per An|num</HI> in this Manner.</P>
<LIST>
<ITEM>To the Poor of <HI>Breeden</HI> 20 <HI>l. per Annum.</HI></ITEM>
<ITEM>To <HI>Elinor,</HI> Daughter to her Brother <HI>John Reed</HI> 20 <HI>l. per Annum.</HI></ITEM>
<ITEM>To <HI>Edward,</HI> her Brother, 15 <HI>l. per annum.</HI></ITEM>
<ITEM>To her Brother <HI>Foulke Reed</HI> 15 <HI>l. per annum.</HI> And</ITEM>
<ITEM>To her Brother <HI>Richard Reed,</HI> the Elder, 30 <HI>l. per annum,</HI> to whom &s;he gave the Lea&s;e to di&s;po&s;e of accordingly.</ITEM>
<ITEM>And after the Decea&s;e of the&s;e <HI>Legatees,</HI> &s;he gave the Lea&s;e to the GENERAL HEIRS.</ITEM>
</LIST>
<P><NOTE PLACE="marg"><HI>An.</HI> 1639.</NOTE><HI>Edward Reed</HI> que&s;tions this Lea&s;e in <HI>Chancery,</HI> as a Mortgage for 1000 <HI>l.</HI> and it was <HI>Anno</HI> 1639 decreed accordingly, and the 1000 <HI>l.</HI> divided among&s;t the Legatees, whereof <HI>Elinor,</HI> now married to <HI>Rich|ard Reed</HI> the younger, was to have 140 <HI>l.</HI> for her &s;hare.</P>
<P><NOTE PLACE="marg">1652.</NOTE>And after divers Endeavors to rever&s;e this Deecree (but in vain) <HI>Richard Reed,</HI> the Younger, who had married <HI>Elinor,</HI> who was the GENERAL HEIR of the whole Family, buyes in this Decree of <HI>Edward,</HI> to &s;ecure the Lea&s;e to <HI>Elinor</HI> and her Children, and that <HI>Katharine</HI>'s Will <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ight be performed in kind, and paid 250 <HI>l.</HI> for it, and lo&s;t the 140 <HI>l.</HI> which was to come to him by the Decree, which con&s;idering that <HI>Elinor,</HI> and the other Legatees were all living, was more than the Lea&s;e was worth.</P>
<P><NOTE PLACE="marg">1662.</NOTE>Afterwards <HI>Richard Reed,</HI> the Elder, who had the E&s;tate in Law, a&s;&s;igns it to <HI>Richard Brent, Ann Brent,</HI> and others in tru&s;t for <HI>Wil|liam Reed</HI> (Son of <HI>Elinor,</HI> who was now dead) which <HI>William Reed</HI> was then the GENERAL HEIR.</P>
<P><NOTE PLACE="marg">1670.</NOTE><HI>William,</HI> the Son, a&s;&s;igns his Intere&s;t to <HI>Richard Reed</HI> the Younger (his Father) the now Re&s;pondent.</P>
<P><NOTE PLACE="marg">Note,</NOTE><HI>Richard Reed</HI> the Younger, the now Re&s;pondent, had now both Intere&s;ts in him&s;elf.</P>
<P><NOTE PLACE="marg">1671.</NOTE><HI>Richard</HI> the Younger (&s;oon after) &s;ettles the &s;aid <HI>William</HI> in Mar|riage with the Petitioner <HI>Elizabeth,</HI> and thereupon &s;ettles 500 <HI>l. per Annum</HI> (the be&s;t of his E&s;tate) upon him, and a Joynture of 250 <HI>l. per Annum</HI> to the Petitioner <HI>Elizabeth.</HI></P>
<P>The Petitioner <HI>Elizabeth,</HI> after the Death of <HI>William,</HI> which was about four Years after, and being his Executrix, not content with her Joynture of 250 <HI>l.</HI> claims this Lea&s;e again&s;t this A&s;&s;ignment of her late Hu&s;band.</P>
<P><NOTE PLACE="marg">26 <HI>Junii</HI> 32 <HI>Car.</HI> 2.</NOTE>And thereupon aro&s;e cro&s;s Suits in <HI>Chancery,</HI> upon hearing where|of it was decreed for the Re&s;pondent <HI>Richard Reed</HI> the Younger, and the A&s;&s;ignment of <HI>William</HI> decreed to be good.</P>
<P><NOTE PLACE="marg">22 <HI>April.</HI> 33 <HI>Car.</HI> 2</NOTE>And upon Re-hearing the Decree is confirmed.</P>
<P>And afterwards a Bill of Review is brought, which upon Hear|ing was di&s;mi&s;s'd.</P>
<P><NOTE PLACE="marg"><HI>Oct.</HI> 33. <HI>Car.</HI> 2.</NOTE>Then at la&s;t the now Petitioners do a&s;&s;ign all their Intere&s;t in the &s;aid two Meadows to the Re&s;pondent <HI>Richard Reed</HI> the Younger.</P>
<P><HI>All which the Petitioners do endeavor to avoid by this their Appeal upon Sugge&s;tion.</HI></P>
<P>That the fir&s;t Decree made 46 years &s;ince was unju&s;t, and that all the other Proceedings were in pur&s;uance of that Decree, and there|fore to be laid a&s;ide.</P>
<DIV2 TYPE="part">
<HEAD>To which is An&s;wered.</HEAD>
<P N="1">1. That Sugge&s;tion appeares to be a plain mi&s;take; for the la&s;t De|cree was chiefly grounded upon the A&s;&s;ignment made from <HI>Richard</HI> the Elder to the <HI>Brents,</HI> and from them to <HI>William,</HI> and from him to the Re&s;pondent <HI>Richard Reed</HI> the Younger, which A&s;&s;ignments were made in performance of the Will of <HI>Katharine Reed,</HI> which was made in the year 1623. and not in pur&s;uance of the fir&s;t Decree, but ra|ther contrary to it.</P>
<P N="2">2. The Re&s;pondent hopeth, that a Decree made in the year 1639, and no Appeal from it in any Parliament &s;ince that time until now, will be pre&s;umed to be ju&s;t and not di&s;paraged by the Petitioners, alleadging it to be unju&s;t, or &s;aying, that the Lea&s;e was ab&s;olute.</P>
<P N="3">3. But whether that Decree be ju&s;t or unju&s;t, it cannot affect this Cau&s;e: For if it were unju&s;t, it was &s;o only again&s;t <HI>William,</HI> who had the legal Intere&s;t in the Lea&s;e. But <HI>William</HI> by his A&s;&s;ignment made to the Re&s;pondent <HI>Richard Reed,</HI> (who had purcha&s;ed the be|nefit of that Decree,) hath purged that wrong, and hath thereby di&s;|abled him&s;elf and his Executrix from Appealing from it.</P>
<P N="4">4. <HI>Richard Reed</HI> the Re&s;pondent, in the &s;ettlement of his own E&s;tate of Inheritance upon his Son <HI>William,</HI> at his Marriage gave his Son a recompence to more then ten times the value of this Lea&s;e.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>So the Ca&s;e in &s;hort is,</HEAD>
<P>The Lea&s;e is devi&s;ed to <HI>Richard</HI> the Elder, in tru&s;t (after &s;ome Annuities for life) for the GENERAL HEIR.</P>
<P>This GENERAL HEIR is <HI>William Reed,</HI> Elde&s;t Son of <HI>Elinor,</HI> who was Daughter of <HI>John Reed,</HI> and the Wife of <HI>Richard Reed</HI> the Younger.</P>
<P>This Lea&s;e <HI>Anno</HI> 1639, is Decreed to be a Mortgage for 1000 l.</P>
<P><HI>Richard</HI> the Younger to pre&s;erve this Lea&s;e for his Family, bought in this Decree and quieted the E&s;tate.</P>
<P><HI>Richard Reed</HI> the Elder in pur&s;uance of the Will, a&s;&s;igns the Lea&s;e in tru&s;t for <HI>William</HI> the GENERAL HEIR.</P>
<P><HI>William</HI> afterwards a&s;&s;igns to <HI>Richard</HI> the Younger (his Father) the now Re&s;pondent.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD><HI>So here is a clear Title in</HI> Richard <HI>the Younger.</HI></HEAD>
<P>And <HI>William</HI> hath by his A&s;&s;ignment barr'd him&s;elf, and by con|&s;equence his Executrix from having any Appeal, and both the E|&s;tates (the legal E&s;tate from <HI>Richard</HI> the Elder, and the equity of Redemption by the Decree from <HI>Edward</HI>) are ve&s;ted in the Re&s;pon|dent <HI>Richard</HI> the Younger.</P>
<P>It is to be ob&s;erved that <HI>Katharine</HI> by her Will, intended to keep this Lea&s;e in the Name and Family of the <HI>Reeds,</HI> and &s;o did <HI>Richard Reed</HI> the Elder, and <HI>Richard Reed</HI> the Younger, and &s;o it now conti|nues and is like to do.</P>
<P>And the Petitioners being Strangers, endeavour to wre&s;t it out of the Family only by Title of Executor&s;hip, without any other con|&s;ideration again&s;t their own, and her Husbands Acts and Deeds.</P>
</DIV2>
<DIV2 TYPE="family tree">
<LIST>
<ITEM>Giles Reed, <HI>had I&s;&s;ue.</HI>
<LIST>
<ITEM>1. John Reed, <HI>had I&s;&s;ue.</HI>
<LIST>
<ITEM>Elinor <HI>Married to</HI> Richard Reed <HI>the Younger, had I&s;&s;ue.</HI>
<LIST>
<ITEM>William Reed, <HI>the</HI> GENERAL HEIR.</ITEM>
</LIST></ITEM>
</LIST></ITEM>
<ITEM>2. Edward Reed, <HI>dead without I&s;&s;ue.</HI></ITEM>
<ITEM>3. Foulke Reed, <HI>dead without I&s;&s;ue.</HI></ITEM>
<ITEM>4. Richard Reed, <HI>dead without I&s;&s;ue.</HI></ITEM>
<ITEM>And 5. Katharine Reed, <HI>dead without I&s;&s;ue.</HI></ITEM>
</LIST></ITEM>
</LIST>
</DIV2>
</DIV1>
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</TEXT>
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