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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
B09014 An act for confirming and establishing the administration of the goods and chattels of Sir William Godolphin, Knight, deceased England and Wales. Laws, statutes, etc.; England and Wales. Parliament. 1698 (1698) Wing E1006A; ESTC R176620 5,946 4

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next of Kin. For Remedy therefore in the Premisses may it please Your most Excellent Majesty that it may be Enacted and Declared And be it Enacted and Declared by the Kings most Excellent Majesty ☞ by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That the Clauses in the said Notarial Act of the Thirtieth of March One thousand six hundred ninety six whereby any Powers or Authorities are pretended to be given to the persons in the said Notarial Act Named or any of them or any others to make the said Sir William Godolphin's Will after his Death are Null and Void and shall be Deemed and Taken to be Void and of none Effect And that the other Clauses in the same Notarial Act mentioned whereby the said Sir William Godolphin Declares his Soul his Universal Heir are likewise Null Void and of none Effect in Law And be it further Enacted by the Authority aforesaid That all Wills Codicils Powers to make Wills and Dispositions in any manner made or declared by the said Sir William Godolphin before the making the said Notarial Act of the Thirtieth of March One thousand six hundred ninety six the same being therein solemnly Revoked Disannull'd and made Void shall be and the same are hereby Declared to be Revoked Disannulled and made Void to all Intents and Purposes and that the said Administration Granted to the said Francis Godolphin and Elizabeth the Wife of the said Charles Godolphin his Sister of the Estate of the said Sir William Godolphin with the said Nuncupative Will before mentioned Annexed the same being solemnly declared by him some few days before his Death in the presence of three Credible Witnesses who were duly Sworn by Commission out of the Prerogative Court of Canterbury is well Granted and shall be deemed and taken to be good and effectual in the Law to all intents and purposes whatsoever in all Courts of Law and Equity the said Notarial Act of the Thirtieth of March One thousand six hundred ninety six or any Powers Death or any former or other Will or pretended Power to make a Will Made Given Granted or Declared by the said Sir William Godolphin before the making the said Notarial Act in any wise notwithstanding And it is Declared That nothing in this Act contained shall be Construed to make void the Specifical Legacies in and by the said Notarial Act Given to the said Don Mathias de Escolar Geronimo Guerrero Don Balthasar de Cabredo Don Antonio de Cendoya Francis Arthur and Bruno Bernardo de Quiros but that such Legacies with any other Sums specially mentioned therein shall remain a Charge on the Estate of the said Sir William Godolphin to be Paid out of the same so as and provided that the said Don Mathias de Escolar Geronimo Guerrero Don Balthasar de Cabredo Don Antonio de Cendoya Francis Arthur and Bruno Bernardo de Quiros or some of them do Account unto the said Francis Godolphin and Elizabeth the Wife of the said Charles Godolphin the said Administrators for the Estate of the said Sir William Godolphin in the said Kingdom of Spain or other places beyond the Seas and Pay the same as they the said Administrators shall direct And whereas it doth appear ☜ That the said Sir William Godolphin did by a Writing before his going out of England Solemnly declare his Intention of leaving Three thousand Pound Sterling to and for the Education and Maintenance of Poor Scholars the Relief of Decayed Virtuous Gentlemen the Redemption of Prisoners the placing out Poor Children to Trades or other such like Pious and Charitable uses under the direction of certain Persons named in the said Writing who are all since Dead and did also express his Intention of giving to the Poor of the Town of Camilford in the County of Cornwall the Sum of Twenty Pounds to the Poor of the Town of Liskerd in the said County Ten Pounds and to the Poor of the Parish of St. Mabin in the said County also Ten Pounds Now to the end the said Pious and good Intentions may not be Frustrated Be it further Enacted by the Authority aforesaid That the Administrators of the said Sir William Godolphin do enter into several Recognizances in the High Court of Chancery at the time when the Estate of the said Sir William Godolphin now in that Court shall be delivered up to them to secure the Payment of the said Three thousand and fourty Pounds in manner following That is to say the said Francis Godolphin one of the Administrators in one Recognizance to secure the Payment of one Moiety thereof or Fifteen hundred and twenty Pounds and the said Charles Godolphin on behalf of his Wife Elizabeth the other Administrator in another Recognizance to secure the like Sum of Fifteen hundred and twenty Pounds being the other Moiety which said Sums shall be taken out of such part of the Estate of the said Sir William Godolphin now beyond the Seas as shall first come to the hands of the said Administrators after the Charge deducted for recovering the same and in case so much shall not be recovered of the Estate beyond the Seas within the space of three years the compliment of the said Sum shall be made up by the said Administrators out of the Residue of the said Sir William Godolphins Estate in England if any such there be after just demands Paid and Legacies given in the said Nuncupative Will satisfied and the said several Sums of Fifteen hundred and twenty Pounds severally Secured by the said Administrators shall be by them proportionably that is to say by each of them for his part respectively Applied to such Pious and Charitable uses as are before particularly specified and mentioned and the said Recognizances or either of them shall not be Discharged without a Certificate from the Lord Arch-Bishop of Canterbury or the Lord High Chancellor of England or the Lord Keeper of the Great Seal or one of them now or for the time being that the Sum of Fifteen hundred and twenty Pounds Secured by such Recognizance appears to have been applyed vested or disposed for such Pious and Charitable uses as may answer the Intention of the Donor to the satisfaction of the said Lord Arch-Bishop or Lord Chancellor or Lord Keeper of the Great Seal for the time being Note Provided always and be it further Enacted by the Authority aforesaid That such and so much of the Personal Estate of the said Sir William Godolphin now in the Court of Chancery as shall be sufficient to pay the Legacies of Sixteen thousand two hundred Pounds Given and Devised by the said Nuncupative Will shall be immediately Applyed to the Payment thereof and of such just Demands incident to the Account of the same as shall be Allowed in the Court of Chancery and that the Residue of the said Sir William Godolphin's Personal Estate in the said Court or elsewhere in England after such Legacies and just Demands incident to the Account of the same as is aforesaid and the other Provision of the Three thousand and fourty Pounds for Charities made by this present Act are paid shall go and be applied to and for the answering and paying such other Legacies and Bequests other than such as are for any Superstitious use as shall appear to be given or devised by the said Sir William Godolphin to be paid out of his personal Estate in England by any Writing under his Hand after the Tenth day of March One Thousand six hundred ninety five according to the Stile of England Testified by Two Credible Witnesses or by any Nuncupative Will reduced into Writing by the direction of the said Sir William Godolphin after the said Tenth day of March so as the same be made appear before the Four and twentieth day of June ☞ which shall be in the Year One Thousand six hundred ninety nine unless prevented or delayed by the means of the Administrators or either of them and if no such other Legacies or Bequests shall be made appear before the said Four and twentieth day of June which shall be in the said year One thousand six hundred ninety nine to be given by the said Sir William Godolphin and to be paid in such manner as aforesaid then the residue of the Personal Estate of the said Sir William Godolphin or so much thereof as shall remain after such Legacies satisfied if any such be made to appear shall be to the said Administrators to be distributed according to the Laws in that behalf Provided always That in case any Legacies shall be proved to be given by the said Sir William Godolphin after the said Tenth day of March One thousand six hundred ninety five to Charitable Uses in England That then the Three thousand and fourty Pounds aforementioned shall be applied for satisfaction of the same and the residue if any be of the said Three thousand and fourty Pounds after such Legacies for any Charitable uses are satisfied shall be applied to and for such Charities as are herein before appointed And in case the said Three thousand and fourty Pounds shall not be sufficient to satisfie and pay the said Legacies for Charitable Uses Then and in such Case so much as the said Three thousand and fourty Pounds shall fall short of answering the said Legacies for Charitable Uses shall be paid out of the Residue of the said Sir William Godolphins Personal Estate in England that shall remain after the several Legacies Bequests and Demands thereout before mentioned are satisfied and so much of the said Sum of Three thousand and fourty Pounds as shall be applied to and for the satisfaction of the said Legacies for Charitable Uses in England shall be Taken and Deemed to be well applied and the Recognizances herein before appointed to be given for the same as to so much as shall be so applied shall be discharged Any thing herein before contained to the contrary thereof in any wise notwithstanding Matth. Johnson Cler ’ Parliamentor ’ 9º April Anno 1698. Concordat cum Recordo Examinat ’ per me Tho. Harvey LONDON Printed by Charles Bill and the Executrix of Thomas Newcomb deceas'd Printers to the Kings most Excellent Majesty 1698.