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A87071 To the honourable the knights, citizens and burgesses assembled in the Commons House of Parliament. The several petitions of William Hansard and Sir Frederick Hammiltoun knight and colonel. Together with the true state of the case concerning the lands of Lifford, in the county of Donnegal within the kingdom of Ireland. As also the several remonstrances of the committee at Grocers Hall for Irish affairs, in the behalf of Sir Frederick Hammiltoun. With the order of the Honourable House of Commons to the Committee of both Kingdoms; and their order thereupon for Sir Arthur Haslerig to make report. Hansard, William.; Hamilton, Frederick, Sir, fl. 1645.; Committee of Adventurers in London for Lands in Ireland.; England and Wales. Parliament. House of Commons.; England and Wales. Commissioners of Both Kingdoms. 1646 (1646) Wing H661; Thomason E335_12; ESTC R200787 11,563 41

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Sir George Marbury and Thomas Perkins from the death of the said Sir Richard for the life of Dame Anne his wife and for Nine yeers after in trust to employ the profits to such uses as Sir Richard should by his last Will appoint Sir Richard Hansard having taken some displeasure against William Hansard his Brother and Heir apparant made his last Will and thereby gave divers yeerly Sums amounting in the whole to 86 l. per annum to divers charitable uses all which Sums he willed to be paid for ever by his Heirs out of his Freehold-Lands and to begin after his Debts paid c. with this further Clause ITEM I give infeoff and confirm after Funerals Buildings and Legacies paid and performed and two yeers after the said Dame Hansards decease All my estate right c. in all my houses and Freehold-Lands to the sole and proper use and behoof of John Hansard the yonger son of John Hansard the elder of Ouslaby for life then to the use of John Hansard his son and the Heirs males of their two bodies lawfully begotten and for want of such Heirs males the estate and inheritance shall descend and divolve to the proper use and behoof of Robert Hansard of London Gent. and the Heirs males of his body lawfully begotten then to the use of William son of Robert Hansard c. Then deviseth two Acres to Richard Perkins and his heirs the like to Mansfield and the said Land to be allotted out by the Executors and those estates to be established by his Executors and of his said Will did make his Wife Sir George Marbury Sir John Vaughan and Thomas Perkins Executors to whom by the said Will he giveth certain Leasehold-land Sir Richard Hansard dies and inasmuch as there was no Feoffment before to the uses of his last Wil and the Lands not there deviseable the Fee and Inheritance descended to the said William Hansard brother and heir of the said Sir Richard 2 Augusti 21 Jacobi William Hansard the brother and heir at law for 1480 l. by Indenture grants the premises to the said Sir George Marbury and Thomas Perkins and their heirs and to the use of them and their heirs for 6 Maii. which they the said Foeffees covenanted to perform the pious Requests of the said Sir Richard and were bound to Recognizance so to do Sir George Marbury and Thomas Perkins for the sum of 493 l. 6 s. 8 d. grants part of the premises to the said Sir John Vaughan haered to the proper use of the said Sir John and his heirs Reserving neverthelesse particularly the third part of such payments as by the last Will of the said Sir Richard were reserved to be paid for the charitable uses with a Covenant by Sir John for the contribution to a third part of the said charitable uses All this appearing upon proof in Chancery a Decree was conceived but not drawn up for the purchasers against the pretended devisers of the Inheritance John Hansard and his son dies without issue Upon Petition preferred to His Majestie on the behalf of William son and heir of Robert Hansard surmising a Feoffment to have been made by Sir Richard to the said Sir George Marbury and Thomas Perkins and their heirs to the use of the said Sir Richard and his heirs and of his last Will and setting forth the request of these charitable uses and that aswell the Petitioner who is thereby supposed to be right heir of the said Sir Richard as also the pious uses were frustrated by the Executors The King refers the consideration of the said Cause to the Lord Deputy to the end that if the Cause be such as requires relief in this kinde his Lordship might take further order c. Upon this Reference the Lord Deputy withdraws and overthrows the proceedings in Chancery and with the assistance of the Chief Justice of the Common-Pleas and Chief Baron of Exchequer reciting the Lease the Will and several passages between the Executors and the pretended Devisees and William Hansard the heir and Robert Davies The presumption and supposition of a Feoffment and that the moneys for the purchase were raised by the Executors and of the profits of the Land and personal Estate of Sir Richard and that the said Executors were aswell trusted for Hansard the Devisee as for the pious uses and their breach of trust by giving notice to William Hansard the Heir of his Title and by compounding with him Awards that Sir John Vaughan and the heirs of the other Executors receiving the moneys by them paid to William Hansard and Robert Davies not satisfied by the profits and personal estate of Sir Richard should convey the premises to persons nominated by the said Petitioner to the uses limited by the Will and that the Defendants should be answerable to the Petitioner for the surplusage of the profits by them received above such their expences and a Commission to issue for the ascertaining thereof By an Order reciting the last mentioned Order and an Order for the setling of the possession of the premises and conveying thereof and of all the Defendants estate therein unto the Complainant and for the delivering of Evidences and for the payment of 465 l. 8 s. by Sir John Vaughan to the Plaintiff and another Order for the Sequestration of the Rents of the premises and reciting the Plaintiffs minority and several Sums of money expended and furnished in his behalf in the said Suit by Robert Bradbury Sara his wife Hercules Geildsland and Thomas Greene It is by the like assistance ordered that the premises shall be performed the Lands conveyed to Edward Stanhope and George Walker by a deed thereunto annexed unto the uses therein expressed It is further ordered that Edward Torleton shall be the Plaintiffs Steward and Sollicitor cum feod ' Anni 10 l. Thomas Greene shall be Bayliff cum feod ' Anni 10 l. Bradbury and his wife shall receive their Bill of Disburments viz. 386 l. together with a yeerly Pension out of the Lands Brave Encouragements for Champetters and Maintainers Thomas Greene shall receive his Bill of Disbursements viz. 65 l. 18 s. and also 17 l. Hercules Geildestand shall receive his Bill of Disbursments viz. 287 l. 7 s. and for the recompence of his pains and prosecution 10 l. Annuatim during the Plaintiffs minority The premises to be paid out of the profits of the premises formerly sequestred or to be raised by the Feoffees the surplusage of the profits to be disposed by the Lord Deputy for the Plaintiffs benefit Now the Deed was expressed to be to the use of Stanhope and Walker for Seven yeers for the performance of the purposes appointed in the Decree and then to the use of William the Plaintiff in tail the Remainders over pront in the Will Upon this Case these things are to be admitted 1. That there was no Feoffment by Sir Richard to the use of his last Will. 2. That the Lands