The CASE of Walter Kennedy Esq; and Lettice his Wife Eldest Sister, and Robert Haldanby Esq; and Katharine his Wife Youngest Sister, and Coheirs of Robert Knollys Esq; lately deceased.

WIlliam Knollys Esq; deceased, Father of the said Robert Knollys, made five several Leases or Mort­gages of several parts of the Mannor of Rotherfield Greyes in the County of Oxon, for considerable Sums of Money borrowed of several persons, and died.

The said Robert Knollys his Son and Heir, after his death to discharge these Mortgages, and other Incum­brances of his Estate, borrowed of Richard Hoper Esq; 5000 l. and these Mortgages were all assigned unto John Hoper his Son in trust for him,12 & 13 Nov. 19 Car. II. and the Inheritance of the said Mannor, and all Lands thereto belong­ing were by Lease and Release, and Fine thereupon, levyed, conveyed and granted unto the said Richard Hoper, and one John Honghton Gent. his Trustee for Security of the said 5000 l. and to be reconveyed on payment there­of with Interest.

Robert Knollys being in some Arrears of Interest, and having occasion for more Money, borrowed 5500 l. of Robert Pleydall Esq; since deceased,14 & 15 Dec. 25 Car. II. and the five Leases or Mortgages were assigned to him, and the Inheritance conveyed by Mr. Houghton (Richard Hoper being then dead) unto John Snell Esq; and Henry Culpepper in trust for Robert Pleydall, by the direction of John Hoper Executor of Richard.

Robert Pleydall made his Will,In Dec. 1676. and Robert his Son Executor, and died.

Robert Knollys being again in Arrears of Interest, and having occasion for more Money, borrows 1500 l. more of Robert the Son,16 Dec. 1678. and by Indenture then made declares that the aforesaid five several Leases or Mortgages made to his Father, and now vested in him as his Executor, and also the Inheritance granted to Snell and Culpepper in trust as aforesaid, stand and remain as a Security as well for the 1500 l. then lent, as the 5500 l. formerly lent.

Robert Knollys being sick and weak, and considering the Incumbrances upon his Estate, by Indenture grants and conveys unto John Lord Lovelace. 2 April 1679. and Sir John Borlase Baronet, the Equity of Redemption of his said Estate, and directs them to sell and pay Mr. Pleydall, and afterwards to dispose of the Surplus arising by such Sale to such Uses as he by any Deed, or by his Will should direct and appoint.

About three weeks after the said Robert Knollys had executed this Deed, he died intestate, and without making any Disposition by Deed,April 79. Henry Culpepper died before Mr. Knollys, and John Snell survived.

Katharine Haldanby, youngest Sister of Robert Knollys, being of full age, by Deed before her Marriage con­firms the Deed made by her Brother to Lord Lovelace and Sir John Borlase, and directs them to sell: Lettice by Letter being then at a remote distance does the like;15 May 79. but before she sealed the Deed, Married with Mr. Kennedy, who is also under age.

And so neither he nor Mrs. Snell can joyn in any Legal Act either to convey or joyn in the Sale of the Estate for payment of the Debt to Mr. Pleydall, and other Debts of Robert Knollys, nor can he or Mrs. Snell joyn in any Act for making Leases to any Tenents; and if the Estate cannot speedily be sold to pay off the Mortgage before Mr. Kennedy and Mrs. Snell are of age, it will be in a great measure wasted and eaten up with Interest, and Mrs. Kennedy and Mrs. Haldanby be very much injured; which if sold now, would be very considerably advan­tagious unto them, and their Fortunes very considerable after all their Brothers Debts paid.

John Snell died,In August 79. and left Dorothy Snell his sole Daughter and Heir a Minor of about the age of 17 years; so she cannot reconvey until of age, upon payment of the Mortgage money.

It is therefore prayed that the Inheritance of the said Estate may be Vested in the Lord Lovelace and Sir John Borlace, that they may be enabled to make Sale of the Estate to pay the Mortgage, and other Debts of the said Robert Knollys, by Act of Parliament; and the rather, for that the Heir of Mrs. Snell (if she dies under age) lives in Scotland, and cannot be bound by any Decree here in Chancery, or other Act.

And it is also prayed that it may be Enacted, That the Moiety of the Surplus of the Money arising and be­longing to Mrs. Kennedy may by such Sale remain in the Hands of the Lord Lovelace and Sir John Borlase, in Trust for Mrs. Kennedy and her Heirs, she having a Child already born, and to be dis­posed of from time to time by her sole and apart from her Husband, until some Settlement made by him upon her and her Issue by her said Husband, save only 700 l. for the Husband for payment of his Debts.

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