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A90356 The pedigree from old Andrew Barrett, Esq having seven sons, who made several feofments to several trustees in trust of all his estates to theuse [sic] of his last will, who made the said will in Dublin, July 9. 1613. and thereby intails all his estate upon Sir James Barrett his eldest son, and to his heirs male; and for want thereof, to the 2d, 3d, 4th, 5th, 6th, 7th sons, as by inquisitions, deeds and records, may, and will appear. 1685 (1685) Wing P1049B; ESTC R231930 9,516 5

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The Pedigree from Old Andrew Barrett Esq having seven Sons who made several Feofments to several Trustees in Trust of all his Estate to theuse of his Last Will who made the said Will in Dublin July 9. 1613. and thereby Intails all his Estate upon Sir James Barrett his eldest Son and to his Heirs Male and for want thereof to the 2d 3d 4th 5th 6th 7th Sons as by Inquisitions Deeds and Records may and will appear Old Andrew Barrett Esq and Katherine his Wife had seven Sons as follows Eldest Son Sir James Barrett had Issue Sir Andrew who Married Barbara the Sister of Capt. St. Leger who had Issue Sir William Barrett who made the Will and by which Will only Captain St. Leger claims his right and by no other pretence Joanna Barrett Daughter to Sir James and Married James Coppinger Mary Coppinger who Married Sir John Mead. John Edmond and William Barrett being the 2d 3d 4th Sons Dyed without Issue Male. Fifth Son Richard Barrett who had Issue James Barrett who had Issue John Barrett the Defendant being Heir inheritable as well by the first Settlement as by Sir William Barrett his Last Will made in Bristoll Sixth Son Robert Barrett being yet alive and hath by his Fathers Will and Settlement 10 l. per annum annuity from every Heir inheritable and received the same accordingly and hath been and is to this day paid by the now Appellant John Barrett Esq as being now Heir Intail Seventh Son Andrew Barrett died without Issue Male BRISTOLL February 16. 1672. The Will of Sir William Barrett by which alone Capt. John St. Leger Claims the Estate of John Barrett Esq is as followeth THIS is to let the litigious and wrangling World know That I leave as Justice and my Conscience tells me I ought all my Estate that is Intailed to the Right and Lawful Heir and that which is not Intailed to my Vncle John St. Leger and his Heirs Males but for want thereof to return to the right Heir I do also desire that he will be Guardian to the youth and breed him as well as he can and if he prove good for any thing dispose of him as you think fit if not turn him amongst the rest I do leave also to my Vncle John St. Leger the remainder of Sir Richard Kirle his Bond which is 100 l. and this last half years Rent of which I have not received one penny Out of this Money pray pay 40 s. to Mr. Watson Goldsmith and 12 l. to Mr. Danvers Laceman who lives in a little Alley beyond Somerset-house 40 l. to Mr. Poulin Draper at the sign of the Raven in Fleetstreet and 46 s. to my Brother Warham and I desire further in case you accept of this trouble that during the youths minority you reserve out of the Estate 200 l. 100 l. to be paid to my Sister Mary St. Leger upon the first day of her Marriage and the other 100 l. to be paid to my Sister Garthwright St. Leger on the first day of her Marriage and to satisfie the Bonds for 50 l. that lay in Collonel St. Leger 's hands and so I bid the world farewell and leave this as my Last Will and Testament William Barrett Being present at the Signing of this my Last Will and Testament Ann Brinsden John Field George Turner If you can prefer this Servant and give him 10 l. As I always lived decently pray bury me so This is a true Copy of the Original Will Examined Febr. 28. 1672. by us Ann Brinsden George Turner John Field Tho. Hartwell Not. Pub. The CASE of JOHN BARRETT Esq Appellant from a Decree made by the High Court of Chancery in Ireland in a Cause there Depending wherein John St. Leger Esq is Plaintiff against the said John Barrett Defendant Humbly Offered to the Consideration of the Right Honourable the Lords Spiritual and Temporal in Parliament Assembled SIR William Barrett being seized of several Mannors Territories Lands and Tenements of the yearly value of 1500 l. or thereabouts if set to the real value scituate lying and being in the County of Cork in Ireland of an Estate Tail with remainder in Tail to the Appellant and being also seized in Fee of divers other Lands and Tenements did Feb. 16. 1672 by the perswasion of his Landlady where he lodged make his Last Will and Testament in Writing whereby he left as in Justice he ought to do and did bequeath to the Appellant all his Intailed Estate and his Estate in Fee-simple to the Respondent John St. Leger and his Heirs Male with remainder over to the Appellant made the Respondent Guardian to the Appellant and shortly alter dyed After Sir William's Death the Appellant entred upon and took possession by the Respondents permission of all the Intailed Lands and the Respondent entred possession of those which were fee-simple The Respondent also accepted jointly with John Barrett the Appellants Uncle of the Guardianship of the Appellant and entered into Articles under Hand and Seal faithfully to perform the Trust of a Guardian Covenanted to sue for the Writings relating to the said Intailed Estate and to account to him for the Profits thereof when he should come of Age and then to deliver him back his said Estate and Trust in which Articles there is contained one That the Appellant when of age should intermarry with his Daughter which certainly the Respondent St. Leger would not have covenanted to do had he not known the Estate in Question was Intailed and belonged to the Appellant who had not one Groat in the World beside to depend upon Pursuant to which agreement the Appellant lived with the Respondent a year was and is a Protestant and constantly went to Church and the Respondent permitted the Appellant to receive the Rents and Profits of the Lands in question and in his Right and as his Guardian Exhibited a Bill into the High Court of Chancery in Ireland against the Respondents own Sister who was the Mother of Sir William Barrett in which Bill he set forth all the Ancient Intails under which the Appellant claims and the Appellant's Title to the said Estate in Question by which Suit he got into his possession from his said Sister all the ancient Deeds and Writings relating to the Appellants Title which done and the Appellant leaving him and chusing a new Guardian because he would not marry his Daughter he the said Respondent contrived how to Defraud him of all his Estate and for that purpose took the method following He Exhibited a Bill in the High Court of Chancery in Ireland against the Appellant thereby setting forth that most of the Intailed Lands in Question and which then by the Respondents own permission was in the Appellants possession belonged to him the said Respondent for that they never were Intailed but were Lands whereof Sir William Barrett dyed seized in Fee-simple and had given to him by his Will aforesaid and to induce the Court to believe