The case of Thomas Lord Fairfax, and Katherine his wife; and John Peshall Esquire, and Charlotte his wife Fairfax, Thomas Fairfax, Baron, 1657-1710. 1698 Approx. 8 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-10 (EEBO-TCP Phase 1). A40751 Wing F255B ESTC R218943 99830494 99830494 34946

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Early English books online. (EEBO-TCP ; phase 1, no. A40751) Transcribed from: (Early English Books Online ; image set 34946) Images scanned from microfilm: (Early English books, 1641-1700 ; 2107:04) The case of Thomas Lord Fairfax, and Katherine his wife; and John Peshall Esquire, and Charlotte his wife Fairfax, Thomas Fairfax, Baron, 1657-1710. 1 sheet ([1] p.) s.n., [London : 1698] Imprint from Wing. Reproduction of the original at the Bodleian Library.

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eng Inheritance and succession -- England -- Early works to 1800. 2006-11 Assigned for keying and markup 2006-11 Keyed and coded from ProQuest page images 2006-12 Sampled and proofread 2006-12 Text and markup reviewed and edited 2007-02 Batch review (QC) and XML conversion
THE CASE OF THOMAS Lord Fairfax, and Katherine his Wife; And John Peſhall Eſquire, and Charlotte his Wife.

3 & 4 Octob. 4 Jac. 2. THOMAS late Lord Culpeper, by Indentures dated (as in the Margent) Settles his Eſtate on divers Perſons therein named to the Uſe of himſelf for Life, and after for the benefit of ſeveral Perſons for whom he had reſpect, and took himſelf to be obliged to provide for, amongſt others, for the raiſing of Three thouſand Pounds Portion for Charlotte, now the Wife of the ſaid John Peſhall, payable at her Attainment of the Age of One and twenty, or day of Marriage.

That by the ſaid Deed, there are divers Eſtates and Limitations made, and granted to and for the benefit of the ſaid Lady Katherine, ſubject to the ſeveral Charges by the ſaid Deed created, and amongſt others for the ſaid 3000 l.

Note, In this Settlement a Power of Revocation is reſerved to the ſaid Thomas Lord Culpeper by Will or Deed, to Alter, Change, or make Void any of the Eſtates, Uſes or Truſts; and the Reverſion in Fee is limited to the ſaid Thomas Lord Culpeper and his Heirs.

19 Jan. 1688. Thomas Lord Culpeper makes his Will and confirms the ſaid Settlement, and gives to the ſaid Charlotte the Reverſion of ſome Farms in the Iſle of Wight, and to the Heirs of her Body; and for want of ſuch, to his own Right Heirs; and ſoon after the ſaid Thomas Lord Culpeper Dies.

Thomas Lord Fairfax Marries the ſaid Lady Katherine, who was Sole Daughter and Heir of Thomas Lord Culpeper; and finding by the ſaid Deed and Will a conſiderable part of the Eſtate was to go from his Lady and her Heirs, and what was to come to her was Charged with ſo conſiderable a Sum as 3000 l. to the ſaid Charlotte, and ſeveral other great Payments; endeavoured to ſet aſide, and avoid the ſaid Deed and Will, or the Effect thereof; and not only attempted it by Suits in the Ordinary Courts of Law, but by a BILL in Parliament without Succeſs.

Whereupon, The ſaid Lord Fairfax finding he could not prevail againſt the ſaid Deed of Settlement and Will, did refer the Matter in difference between him and the Lady Katherine his Wife, and the ſaid John Peſhall, and Charlotte his Wife, to ſeveral Honourable and Worthy Perſons, who upon examining into the ſame, made an Agreement betwixt the Parties, That the ſaid Lord Fairfax ſhould pay unto the ſaid John Peſhall 4000 l. and were of Opinion, That it was neceſſary to apply to the Parliament for an Act, for the more eaſie and better Raiſing the Money Charged on the Eſtate for the ſaid Charlotte, and for performing the Agreement in all its Parts.

That accordingly a BILL was prepared and brought into the Honourable Houſe of Commons, who referred it to a Committee; and the Right Honourable John, now Lord Culpeper, Petitioned againſt the Paſſing of the ſaid BILL, and was Heard by his Counſel before the ſaid Committee, who having maturely conſidered of the Matter, paſſeth the BILL; and now the ſaid Lord hath Petitioned to be Heard at the Bar of the Houſe before the BILL do Paſs.

The ſaid Lord ſurmizes by his Petition, That there were ſeveral Settlements made in the Family, by which ſome Eſtate is limited to him; he produced no ſuch, nor did make it Credible on any Reaſonable Grounds.

But the ſaid Lord alleadges, That the Committee Ordered the Lord Fairfax to produce a Deed of Settlement of the Eſtate in 1669: and he produced a pretended Copy.

The Lord Fairfax produced all he had, which was a Copy: But now one part of that Deed is obtained and ready to be produced, which will juſtifie the Copy produced to the Committee to be True; and that my Lord Culpeper can claim nothing by Colour of that Settlement, the Eſtate being thereby limited to the Heirs Males of Thomas Lord Culpeper by Margaret his Wife; and for want of ſuch, to Thomas Lord Culpeper and his Heirs for ever.

As for the Settlement alledged to be made on the Marriage of Alexander Culpeper, Elder Brother to Lord Thomas, and the preſent Lord John; It does not ſtand to Common Reaſon there ſhould ever be any ſuch Settlement, and upon ſtrict Search no ſuch Writing can be found: And for that John Lord Culpeper Father of the late Lord Thomas, and the Petitioner, did out-live his Son Alexander, and was ſeized in the Fee-ſimple of his Eſtate at his Death; and by his Laſt Will charges and deviſes his Eſtate as a Fee-ſimple to his Eldeſt Son Thomas, to diſpoſe of as he thought fit.

As to the Pretence, That my Lord Culpeper could prove a Suppreſſion or Concealment of Deeds, if my Lord Fairfaix would wave his Priviledge; 'tis very ſurprizing to find it in the Petition, when no Evidence thereof was offered at the Committee; And tho' the ſaid Lord Culpeper did ask my Lord Fairfax once to wave his Priviledge, he never would ſay to what end, nor did my Lord Fairfax deny it.

'Tis likewiſe alleadged, That Thomas Lord Culpeper was indebted to the ſaid Petitioner in 6000 l. and that his Eſtate is Chargable with the Petitioners juſt Debt in Equity.

'Tis ſuppoſed, That Matter (if lookt into) would prove an utter Miſtake, both as to the Debt and Remedy: For that the Lands mentioned in the BILL are not liable to pay the ſame, as will appear by the Laſt Will of the Petitioner's Father.

But beſides, in the BILL now before the Houſe, there is not only a general Saving Clauſe of all Perſons Right; but 'tis Conſented, the ſaid Lord Culpeper ſhall have a particular Saving of all ſuch Right, Title or Claim, as he hath, can or may have in Law or Equity, to all or any part of the Eſtate.

Note, This BILL doth not deſtroy or abridge, or in any ſort alter or prejudice any Ancient Settlement, if there was any ſuch; nor concern any Perſon, but ſuch as were concerned in the ſaid Reference and Agreement.

Note, That great part of the Eſtate ſetled in 1669. was of Thomas Lord Culpeper's Purchaſe, and with his Wives, his then and yet living Wife Margarets Portion.

Note, And that Thomas Lord Culpeper in 1686. ſuffered a Recovery, and by Deed declared the Uſe to himſelf and his Heirs in Fee.

Note alſo, That the Petitioner, during the Conteſt between the Lord Fairfaix and John Peſhall, and others, touching the validity of the ſaid Settlement of the 4th of October, and the ſaid Lord Thomas's Will, never ſet on Foot any Pretence for himſelf, or would aſſiſt my Lord Fairfax.

Note, The Petitioners ſuppoſed Debt is of above Thirty years ſtanding, and his Demand which ſhould ariſe on the Fancied Settlement is Eight years Old, and no Suit hath been commenced for either.

Wherefore 'tis hoped, this Honourable Houſe will not retard the Paſſing this BILL, but look on the Objections thereto as proceeding from the Memory of ſome Ʋnkindneſſes the Petitioner imagines were done to him by his late Brother; in which the ſaid Lord Fairfax and his Lady, and the ſaid Mr. Peſhall, were no ways concerned, and therefore can deſerve no Blame or Reſentment.