THE CASE OF GEORGE EVELYN OF Wotton, in the County of Surrey, Esq

GEorge Evelyn having one Daughter and three Grand-Daughters (the Children of his Eldest Son Deceased) but no Issue Male living; did by his Deed in the Year 1692, (a) Uoluntarily Settle his Estate of near Two Thousand Pounds per Annum Value, to the Use of Himself for Life, without Impeachment of Wast, with Remainder to his Brother Iohn Evelyn, and the Heirs Male of his Body, with Remainder to Iohn Evelyn (Son of the said Iohn) and the Heirs Male of his Body, and for default of such Issue, to the Use of Himself, his Heirs and Assigns.

In which Settlement, the full (b) Intention and Design of the said George Evelyn, was to preserve the Premises, after his own Decease, to his Brother and his Issue Male; but upon failure of such Issue Male, that the same should assuredly Revert to his own right Heirs.

And the said George Evelyn trusting and depending that his Brother and Nephew would not take any Advantage from the said Voluntary Settlement, further than was intended thereby, and relying upon their Fidelity and (c) Gratitude therein, did not (as in Caution he might have done) reserve to Himself, in the said Settlement, any Power of Revocation; nor did Restrain the Uses to first, second, or other Sons of his Brother in Tayl (as the Course is to do in like Cases) whereby to hinder their destroying the said Settlement; of which they taking Ad­vantage (as the said George Evelyn hath now lately discovered) (d) In­tend, after his Decease, to suffer a Recover of the Premises to barr the said Reversion to his own Right Heirs, which being contrary to his In­tention, he hath desired his said Brother to joyn with him in such a new Settlement, as may effectually Secure the said Reversion to his right Heirs, after his Decease, according to his true Intention. But the said Iohn Eve­lyn refusing to comply therewith, and designing to take Advantage of the said Settlement (though voluntary) to defeat his right Heirs of the said Reversion.

Therefore the said George Evelyn beseecheth the Honourable House of Commons, to give leave for bringing in a Bill, for the new Setling and Securing his Estate, according to his Intentions in the said Deed of Settlement (viz.) after his own Decease, to his Brother and his Son, and their several Sons successively in Tayl Male, in such manner, that upon failure of such Issue Male, the Premises may revert to the said George Evelyn's own right Heirs, without any Power of his Brother, or his Son to barr the same.

REMARKS ON THE CASE.

(a) THe Settlement having been Uoluntarily made so long since, and no manner of Surprize or Mistake pretended, and the Cir­cumstances of the Family, with respect to the Issue of each Brother, being exactly the same now, as when the Settlement was made, 'tis humbly hoped, there's no Reason for the Parliament to interpose in this Matter.

(b) The Intention and Design of the Settlement plainly appear from the Settlement it self, whereby Iohn Evelyn of Deptford, Esq and Iohn his Son have Estates Tayl successively limited to them, without any Re­straint of exercising the Powers belonging to such Estates.

Besides, this Settlement was drawn by a Gentleman, whose Learning, Experience and Integrity, are so well known, that it cannot be imagined, but that the Settlement was made agreeable to the Instructions and In­tentions of Mr. George Evelyn.

But to remove all manner of Doubt concerning Mr. George Evelyn's In­tentions herein, He was, whilst this Conveyance was preparing, Advised, and Importunately press'd by his Councel, to Reserve to himself a Power of Revocation; but he reasonably suspecting what Clamours he might be Subject to from his Grand Daughters (all which had been very largely pro­vided for; yet one of them lately Marrying one Dr. Fulham, a Clergy­man, he has raised this Clamour after so many Years Satisfaction under the Settlement) and also maturely considering the Circumstances of his Family, positively refused to have any Restraint upon the Estates Tayl, limited to his Brother and Nephew successively, as aforesaid.

(c) There never has the least Reason yet appear'd for suspecting their Gratitude, but 'tis humbly conceiv'd, 't will not be thought Reasonable, that as an Evidence of their Gratitude, they should depart with an Estate Tayl, and Fetter three Generations, by making Grandfather, Father and Son, bare Tenants for Life, to Gratifie the Unreasonableness of Dr. Full­ham.

(d) What Revelation Dr. Fulham has had of this Intention is not known, but 'tis as certain no one Act has ever been done to create any rea­sonable Distrust, as that there has never hapned any Variance in the Fa­mily between the two Brothers for 60 Years and upwards, till Dr. Ful­ham's Marrying into the Family, to whom onely this present Clamour is to be attributed.

'Tis most humbly Prayed that no such Bill may be brought in and Pass'd.

[Page] THE CASE Of GEORGE EVELYN of Wotton, in the County of Surrey, Esq With some Remarks thereon, by Iohn Evelyn of Deptford, Esq only Brother of the said George.

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