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A86251 The law of charitable uses. Wherein the statute of 43. Eliz. chap. 4. is set forth and explained; with directions how to sue out and prosecute commissions grounded upon that statute: also presidents, inquisitions, and decrees, with divers judgements, and resolutions upon exceptions and appeals against decrees; and other proceedings upon the said statute. By John Herne. Herne, John, fl. 1660. 1660 (1660) Wing H1568; Thomason E1921_2; ESTC R202417 62,737 163

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out of the Messuage or Tenement in W. aforesaid then in the Tenure of the said M. S. or his Assignes to be distributed amongst the poor people of the Parish of W. aforesaid from time to time aforesaid for ever in manner and form following viz. Item I give and bequeath unto W. M. Knight J. W. Clerk the now Parson of W. H. H. Merchant J. W. Gent. and E. P. Merchant and their Heirs for ever for the relief of the poor of the said Parish one yearly Rent of forty shillings to be issuing and payable yearly for ever out of my Messuage or Tenement in W. with the Appurtenances now in the Tenure of M. S. or his Assignes to be paid at the Feast of the Birth of our Lord God in every year and to be distributed to and amongst the poor people of the Parish of W. from time to time for ever by discretion of the chief Inhabitants and the Parson and the Churchwardens of the said Parish for the time being for ever And if it shall happen the said Rent or any part thereof to he behind or unpaid at the said Feast that then it shall be lawfull for the said W. M. J. W. H. H. J. W. and E. P. their Heirs or Assignes to enter into the said Messuage destrain for the same and for the arrearages thereof if any shall be behind and unpaid And whereas it was further found by the said Inquisition that the said H. L. in or about the Month of January in the said year of our Lord God 1619. died And that the said H. L. his Son died also in the life time of him the said H. And that the said J. L. now Sir J. L. Knight them survived and being seised of the said Messuage or Tenement with the Appurtenances amongst other things the said Sir W. M. Knight in the said Will named being one of the Devisees of the said Rent and trusted by the said Will to see the said charitable Use performed and having notice of the said charitable Use did in or about the Month of November in the year of our Lord God 1633. purchase the said Messuage or Tenement with the Appurtenances amongst other things of the said Sir J. L. and that thereupon the said Sir J. L. in or about the Month of November in the said year 1633. did surrender the said Messuage or Tenement amongst other things into the hands of the Lord of the said Mannor of W. to the use of the said W. M. Knight his Heirs and Assigns for ever And that the said Sir W. M. at a Court holden for the said Mannor the tenth day of December in the year of our Lord God 1633. was admitted Tenant to the said Messuage or Tenement with the Appurtenances accordingly And that the said W. M. Knight continued seised of the said Messuage or Tenement amongst other things untill about the Month of June last at which time he the said W. M. for a valuable consideration of money did surrender the said Messuage or Tenement with the appurtenances amongst other things into the hands of the Lord of the said Mannor of W. to the use of H. P. Esq his Heirs and Assigns for ever according to the custom of the said Mannor And that the said H. P. at a Court holden for the said Mannor on or about the one and twentieth day of June last was admitted Tenant to the said Messuage or Tenement with the Appurtenances amongst other things accordingly And that before the time that he the said H. P. was admitted Tenant to the same as aforesaid he having the summ of 1000 l or more of the said purchase money remaining in his hands unpaid had notice of the said Devise and charitable Use And lastly that the said yearly Rent of 40 s nor any part thereof hath not been as yet at any time distributed unto and among the poor people of the Parish of W. aforesaid according to the Will of the said Sir H. L. but hath remained in arrear and unpaid to the Parishoners by the Occupiers of the said Land ever since the death of the said Sir H. L. viz. for the space of these eighteen years last past contrary to the true intent and meaning of the said Will as by the said Inquisition hereunto annexed more at large it doth and may appear Now the said T. W. E. L. N. W. J. H. W. C. D. D. and D. T. for reformation of the said abuse neglect and breach of Trust do hereby order adjudge and decree in manner and form following that is to say That he the said H. P. now owner of the said Messuage or Tenement and Land charged with the said Rent his Heirs Executors Administrators and Assigns shall pay or cause to be paid unto the said J. W. and the now Churchwardens of the said Parish of W. or one of them the summ of 38 l of lawfull money of England within eight days after Proces shall be served upon the said H. P. his Heirs Executors Administrators and Assigns at or in the Parsonage House of W. aforesaid for the arrearages of the said yearly Rent or summ of 40 s limited and appointed by the said Sir H. L. in and by his said Will to be issuing and paid out of the said Messuage or Tenement with the appurtenances to the charitable use above expressed And that the said summ of 38 l shall be distributed by them the said J. W. and the said Churchwardens of the same Parish unto and amongst the poor people of W. aforesaid according to the Will of the said Sir H. L. And that the said H. P. his Heirs Executors Administrators and Assigns shall also pay unto them the said J. W. and the said Churchwardens of W. the summ of 10 l of lawfull money of England towards the charges laid out in the suing forth of the said Commission and in prosecuting of the said Inquisition and this Decree And the said T. W. c. do further order adjudge and decree that the said Sir W. M. Knight and J. W. being the surviving Devisees of the said Rent of 40 s per ann. limited and appointed to be paid out of the said Messuage or Tenement to and for the charitable Use above mentioned shall at or before the said Feast of the Annunciation of our blessed Lady the Virgin Mary next ensuing by their Deed or Writing in due form of Law to be made grant convey assigne or set over the said yearly Rent of 40 s limited and appointed by the said Will of the said Sir H. L. to be for ever paid out of the said Messuage or Tenement with the Appurtenances in W. aforesaid to and for the charitable Use before expressed unto Sir H. H. Knight W. J. Doctor in Divinity Rector of the Parish Church of W. aforesaid B. W. W. B. T. M. and D. T. Esquires their Heirs and Assigns in as large ample and beneficall manner and form to all intents and purposes whatsoever as the same is