Selected quad for the lemma: child_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
child_n	john_n	sir_n	william_n	10,636	5	10.3602	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
B01893	The case of the children and grandchildren of Sir John Maynard, and also of Mrs. Elizabeth Maynard, widow, relict of Joseph Maynard, only son of Sir John Maynard: together with some reasons most humbly offered to consideration on their behalf, against a bill endeavored to be obtained by the right honorable the Earl of Stamford ... entituled, An act for the settling of the estate of the said Sir John Maynard.		1694 (1694)	Wing C1026B; ESTC R173570	5,914	4

THE CASE OF THE Children and Grandchildren OF Sir John Maynard and also of Mrs. Elizabeth Maynard Widow Relict of Joseph Maynard Only Son of Sir John Maynard Together with Some REASONS most humbly Offered to Consideration on their Behalf AGAINST A BILL Endeavoured to be Obtained by the Right Honorable the Earl of Stamford and Dame Mary his Countess Sir Henry Hobart and Dame Elizabeth his Wife Daughters and Heirs of the said Joseph Maynard Entituled An ACT for the Settling of the Estate of the said Sir John Maynard THAT Sir John Maynard had Issue Joseph his only Son and Four Daughters 1. Elizabeth Married to Sir Duncomb Colchester by whom he hath Issue Maynard Colchester Esquire and other Children 2. Honor Married to Edward Nosworthy Esquire by whom she left only one Child Jane now the Wife of Sir William Rawlinson Serjeant at Law 3. Joane Married to Thomas Leigh of Adlington Esquire deceased by whom she hath Issue John Leigh Esquire and other Children 4. Martha Married to Edward Gresham Esquire eldest Son to Marmaduke Gresham by whom she hath Issue Elizabeth That Sir John Maynard having provided Portions for the said Dame Mary and Dame Elizabeth the Daughters of his said Son Joseph Makes one Will every Word writ with his own Hand Septemb. 28. 1676. Whereby he gives all his Mannours and Lands except one Mannour in Leicestershire for Default of Issue Male of his Son Joseph The One Moiety thereof to his said Grand daughters Dame Mary and Dame Elizabeth and their Heirs as Tenants in Common and the other Moiety thereof to his Daughters the said Lady Colchester Mrs. Leigh and Mrs. Gresham and to the said Jane Nosworthy now the Wife of Sir William Rawlinson and their Heirs to hold also as Tenants in common equally to be divided Note This Will is made before the Act against Frauds and Perjuries Septemb. 9th 1686. And Republished and Confirmed Sep. 27th 1687. The said Sir John Maynard having Marryed his said Grand-daughter Elizabeth to Sir Henry Hobart and given her 10000 l. for her portion Makes another Will whereby he gives to his said Grand-daughter Mary since his Death Marryed to the Earl of Stamford the like Sum of 10000 l. for her Portion And as to his Real Estate Thereby Devises his Mannours of Clifton and Hardmead in the County of Buckingham 1500 l. per annum upon the Failure of Issue-Male of his Son Joseph to the said Sir Henry Hobart for his Life and the Life of the said Dame Elizabeth his Wife Jointly Living the Remainder to the said John Leigh and Maynard Colchester and their Heirs during the Life of the Lady Hobart and during the Life and Lives of all and every the Son and Sons Daughter and Daughters which the said Sir Henry Hobart hath or shall have by his said Wife in Trust to preserve the contingent Remainders then to the use of the Second Son of Sir Henry Hobart by his said Wife when he shall attain the Age of Twenty one years for Ninety nine years if such second Son shall so long live Remainder after his Death or other End of that Estate to the Heirs Males of the Body of such second Son the Remainder in like manner to all and every other Son and Sons of the said Sir Henry Hobart and his said Wife the Eldest Son only excepted for Ninety nine years determinable on their respective Deaths with Remainders to the Heirs Male of the Body of every such Son the Remainder to all and every their Daughters which shall attain the Age of Seventeen years and the Heirs of their respective Bodies as Tenants in Common ☞ The Remainder to Mrs Leigh Mrs. Gresham the Lady Rawlinson and Maynard Colchester his Children and Grand-children and the Heirs of their bodies as Tenants in Common and not Jointly Note He purposely passes over the first Son of Sir Henry Hobart that he shall take nothing by his Will declaring that he presumes Sir Henry Hobart will take care of his first Son out of his own Estate Note Sir Henry Hobart hath no second Son born nor any Daughter or Daughters that are near seventeen years of Age or above seven or eight And as to the Mannor and Capital Messuage of Gunnersbury in Middlesex he by the same Will gives the same to his Wife since his Death Married to the Earl of Suffolk for her life and 300 l. per annum Rent Charge And after her Death and failure of Issue Male of Joseph Maynard who hath left no Son he thereby gives the said Mannor of Gunnersbury his Mannor of Beere in Devonshire and Burleon in Lincolnshire Tot. 2000 l. per annum or more to the said Mary Maynard his Grandchild now Countess of Stamford for her Life Remainder to the said John Leigh and Maynard Colchester and their Heirs during the Life of the said Mary and of every Son and Sons Daughter and Daughters which she shall have in Trust to preserve contingent Remainders Remainder to the first Son of the said Mary for 99 Years if he shall so long live with other Remainders over as Clifton and Hardmead are limited to the second and other Sons and Daughters of the Lady Hobart ☞ The Remainder of all these Mannors of Gunnersbury Beere and Burleon to the said Mrs. Leigh Mrs. Gresham the Lady Rawlinson and Maynard Colchester and the Heirs of their bodies as Tenants in Common and not Jointly Note The Countess of Stamford hath no Issue either Son or Daughter So that these Remainders have a fair prospect to be very valuable the rather because of this next Clause viz. And whereas I have before limited several Estates to John Leigh and Maynard Colchester and their Heirs in Trust to preserve the contingent Remainders upon the said several Estates for lives He further Wills that if there shall be any occasion for them to Enter for any Act to be done to disturb or destroy any the contingent Estates that they shall take the Rents and Profits to their own use without account during the Life of such Person or Persons that gave Occasion for such Entry Then he thereby charges the Premises inter alia with 400 l. per annum to the said Eliza. Maynard the Relict of his Son Joseph for her Life 2. Annuity's in lieu of Dower or Jointure and with 100 l. per annum to Mrs. Gresham for her Life and gives some personal Legacies and then Directs that all the rest of the Rents and Profits and all the Surplus of his Personal Estate after Debts and Legacies paid shall be disposed of in a Purchase of Lands of Inheritance and that the same when purchased shall be settled upon the Lady Hobart and the Countess of Stamford for their Lives and first Sons March 21st 1689. There 's another Will of Sir J. Maynard's produced Entituled thus c. as before with Remainders over to the said Mrs. Leigh Mrs. Gresham the Lady Rawlinson and Maynard Colchester and the Heirs of their bodies

respectively And makes his Wife and the Lord Gorges his Trustees and Executors to see all this done accordingly and that Conveyances be accordingly Executed Viz. A Duplicate of my Last Will and is my Last Will if the Original Blotted or Interlined miscarry Note The Original the Countess of Suffolk doth not produce By this Will the said Mannor and Capital Messuage of Gunnersbury is given to his Wife the now Countess of Suffolk for her Life and then the Reversion thereof and all the said other Mannors of Clifton Hardmead Beere and Burleon are given to the said Lady Hobart and Countess of Stamford for their Lives or 99 Years determinable on their Deaths and to their first and other Sons for 99 Years with Remainder over to the Heir male of every such first and other Sons for 99 Years if he live so long with the Remainder to their Issue in Tail present With this difference only That if one of them fail to have Issue and the other hath the same is given over in like manner to the Issue of the other Whereas it is not so by his former Will in 1686 7. but if either of them fail of Issue her share is immediately given over to Mrs. Leigh Mrs. Gresham the Lady Rawlinson and Mr. Colchester which is omitted in this last Will and a Blank in that place in this Duplicate or last Will and so the Daughters and their Children are not named by Name A Blank but in Case of failure of such Issue they take as next Heirs in course by descent With these Two further restrictive Clauses in this Will viz. First That after the said Estates for Lives and 99 years respectively He devises all his Mannors and Lands whatsoever to the said John Leigh Maynard Colchester and Henry Colchester and their Heirs during the Life and Lives of the said Sir Henry Hobart and Elizabeth his wife and of the said Mary now Countess of Stamford to preserve the contingent Remainders aforesaid Secondly That by this Will here is no Legal Estate at all given or devised either to the said Sir Henry Hobart or his Lady or to the said Countess of Stamford or any their Sons but the Legal Estate of the whole is Vested in the Lord Gorges Mr. Colchester and the Countess of Suffolk and their Heirs in Trust after the Death of the said Countess of Suffolk to convey and settle the same for the respective Terms and Estates aforesaid So that by this Will also there 's a very strict Intayle of the whole to prevent any Alienation of any part out of his Family he having a full prospect and resolution that all his Real Estate if his Grand-daughters the Lady Hobart and Countess of Stamford had no Issue should come to his own three Daughters and the Lady Rawlinson who stands in the place of the fourth and that they should have all his Inheritance and should not be prevented thereof by any Act to be done in the mean time And therefore besides the Lands Devised ut supra he by this Duplicate gives his said Grand-daughter the Countess of Stamford 10000 l. certain for her Portion as he had done before to the Lady Hobart besides what he hath given to each of them of his Inheritance if they should have Children By this Will also Annuity's he gives to Mrs. Elizabeth Maynard the Relict of his Son Joseph 300 or 350 l. per Annum for her Life whereas by the former Will it was 400 l. per Annum And to Mrs. Gresham he gives 30 l. per Annum Rent charge for her Life whereas by the former it was 100 l. per Annum And by this Will there is the like Clause as in the former That all the surplus of this Estate Real and Personal after his Debts paid and particular Legacies shall be invested in Purchase of Lands of Inheritance and when Purchased to be Settled and Intailed in the same manner as his other Mannors thereby are Intailed so that if the Lady Hobart and Lady Stamfords Children should fail or they have none that should live to attain 21. That the same with the other Inheritance might and may come to his said three Daughters and the said Lady Rawlinson as is before mentioned ☞ Note It is not yet by Law settled or determined which of these Three are the true last Will of Sir John Maynard Touching this last of the 21. of March 1689. there 's a special Verdict depending in the Kings Bench upon the Act of Frauds and Perjuries whether it was duly Signed and Sealed by the Testator in the presence of Three Witnesses so as to be either a good Will or a good Revocation of the said former Will in 1686 7. Touching that Will of 1686 7. there is a Bill depending in Chancery for the said Mrs. Maynard the Widow of Joseph to have 400 l. per Annum for her Life according to that Will which Cause is at Issue and will be heard in Chancery the next Term if not prevented by the Privilege of the Earl of Stamford or Countess of Suffolk And if neither of these two be good Wills within the said Act against Frauds and Perjuries then the first mentioned Will in 1676. will certainly be good being all of his own Hand and made before the said Act. ☞ Note The whole purport of this Bill in Parliament which the Earl of Stamford Sir Henry Hobart and Countess of Suffolk would get passed is To Enact this Will of the 21. of March 1689. in Terminis to be the true last Will of the said Sir John Maynard and set it out in haec Verba ☞ Before it be Tryed at Law whether it be the true Will or not And then all the rest of the several Proviso's and Paragraphs of this Bill Is for them and the Countess of Suffolk to endeavour thereby to get more for themselves of the said Sir John Maynard's Estate and in other manner than by that very Will is given them and consequently to lessen the Share of the said other Persons so as aforesaid concerned and also to lessen that Surplus of the Personal Estate and which may accrue out of the Rents and Profits of the Real Estate during the Countess of Suffolk's Life and which by both the said Wills is expresly directed to be Invested in the Purchase of Lands of Inheritance and when purchased to be so settled as the said other Mannors thereby are so as not to be aliened but upon Failure of Issue of the said Countess of Stamford who hath no Child and the said Lady Hobart who hath no second Son or any Daughter above nine years old is to come to the said Mrs. Leigh Mrs. Gresham and to the said Lady Rawlinson and Mr. Colchester and the Heirs of their Bodies respectively ☞ To prevent and defeat them of all which This Bill is endeavoured to be got passed into an Act. Upon this whole Matter Quer. I. Whether it be not very unreasonable to attempt to get an Act of Parliament to Enact that Writing to be Sir John Maynard's last Will which hath not hitherto been settled or determined by any Court in Westminster-hall to be his Will II. When there are three Wills produced all of Sir John Maynard's hand and two of them in Contest in two several Causes in Westminster-hall before either of them be judicially determined to endeavour to get such an Act of Parliament be not to prevent the said other Persons so as aforesaid concerned from Trying their Right in Westminster-hall and from their having the Benefit of the Law III. Whether the several Proviso's and Paragraphs in the said Bill in Parliament whereby more or greater or other part of the said Sir John Maynard 's Estate is enacted to be given or provided to or for the said Earl of Stamford Sir Henry Hobart and Countess of Suffolk than by the said Will sought to be enacted is given to them or in other Manner than the same is given them whereby to vary or lessen the Interest of the said Mrs. Leigh Mrs. Gresham and of the said Lady Rawlinson and Mr. Colchester against their Consent and without any Recompence or Consideration to them respectively made or given be not equally unreasonable ☞ IV. In the same Bill to enact the Will of 1689. and yet in the self same Act to vary thé Trusts and Bequests in that very Will and this without Consent be not also very extraordinary ☞ Especially when by the said Bill they have put in a Clause to enact them the said Earl of Stamford c. to be Tenants of the Freehold and to have Estates in all the said Mannors c. for their own Lives whenas the said Will doth not give them any such Estate and thereby to endeavour to put themselves in a Capacity to make an Alienation of the said Mannors and Lands out of the Family which the said Sir John Maynard by both the said Wills hath with so great care and exactness studiously avoided on purpose to entail and preserve the same for his said other Children and Grandchildren if the Issue of his said Son should fail ☞ Whether this be not at the same time they seek to enact the said Will even in the very same moment to endeavour to destroy the true Intent thereof Particularly The Earl of Stamford who married the said Mrs. Mary Maynard since the Death of Sir John Maynard and before such his Marriage was fully acquainted with the several said Wills and how the said Estate was thereby settled and intailed and upon what Terms it was thereby given to his Lady and what her Fortune was and yet nevertheless was contented to proceed and to accept her Person and Estate with those Cloggs upon it as they be now Called All which is humbly offered to consideration as a just ground to oppose the passing of the said Bill into a Law