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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
B02582 The case of Griffith Wynn an infant, son, and heir apparent of Tho. Wynn Esq., and of Thomas Bodvile an infant, and of the said Tho. Wynn the father. Humbly presented to the consideration of the honourable the knights, citizens, and burgesses in Parliament assembled. Wynn, Thomas, Esq. 1667 (1667) Wing C916A; ESTC R173521 6,521 5

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Mr. Bodvile and ever since and yet do continue the possession And 27 April 1663. Mr. Roberts and his wife and Charles Bodvile Roberts their second Son exhibit a Bill in Chancery against Mr. Tho. Wynn the Trustees Griffith Wynn alias Bodvile Tho. Bodvile Timothy Pollard and others to set aside the said Will suggesting that the said Will was procured by fraud and practice from Mr. Bodvile when he was in a weak condition both of body and minde when he was secreted from all his Friends and that he was not compos mentis when he made the said Will and that Mr. Bodvile had a great disaffection to the said Tho. Wynn. In May following there was an Injunction granted which was continued to the Hearing of the Cause which was heard the 19th of January upon which Hearing the Lord Chancellor being assisted with the Lord Chief Justice Hyde and the Lord Bridgman declared they could not relieve the Plaintiffs but left the Plaintiffs to seek relief as they should be advised but yet continued the Injunction after Mr. Roberts and his wife applyed themselves to the Lords Spiritual and Temporal in Parliament assembled who after very many Hearings and Debates 29 November 1664 referred it back to the Lord Chancellor to make a Decree according to equity and justice on either side though there was no President in the Case After the 12th of July 1666 the Lord Chancellor being assisted with the Lord Chief Justice Bridgman the Lord Chief Baron Hales and Baron Rainsford reheard the said Cause and spent 3 dayes therein wherein nothing was omitted that could be said or observed for the Plaintiffs advantage But their Lordships were all fully of opinion That the Plaintiffs were not releiveable and did order that the matter of the Plaintiffs Bill be from thenceforth clearly and also fully dismist out of the said Court without costs and that all Injunctions in the said Cause be from thenceforth absolutely dissolved As for the suggestions made by Mr. Roberts and his Councill that this Will was gained by the fraud and practice of Tho. Wynn It did not appear by any proof that Mr. Tho. VVynn did ever move or speak to Mr. Bodvile to make any Will or settlement of his Estate nor did know that he had given any Instructions for the making of his VVill at Islington or that he had made any Will at Islington and as for Mr. Bodviles secreting himself from his friends and going to Islington He had great reason to secret himself to free himself from arrests and other prosecutions of his Wife but it could not be proved neither is there any truth in it that the same was done by the perswasion councill advise or privity of the said Tho. VVynn or that the said Mr. VVynn knew where he was till long after his removall that he sent for him and it is clear in proof that Mr. Roberts and his Wife was 3 times with Mr. Bodvile the very week he died and when directions were given by the Physitian that they should not let company come to him it being asked by the Woman of the House of Mr. Wynn What if Mr. Roberts or his Wife come may not they be let in Mr. Wynn answered Let them come to him by all means As for his being non compos mentis and under an habitual madness if that were true it is properly tryable at Law but the evidence is so plain by 10 Witnesses at the least of good credit as also by his Letters and accounts of the daily expences of his own writing that he was of a disposing memory and understanding that all Objections of that nature are silenced and as for his disaffection to Mr. Wynn and the reproachfull language he gave him It is fully in proof that he bore a greater disaffection to Mr. Roberts but it doth appear both by his words actions and several Letters under his own hand written about six Months before his death that he had a great kindness or respect for the said Mr. VVynn and that he valued and esteemed him more than any other Kinsman put him in several Deeds of Trust and upon the death of his Daughter Eliz. he sent Mr. VVynn and his Wife and Children Mourning Ever since the death of Mr. Bodvile the Trustees have been and yet are kept out of the Estate not one penny of Mr. Bodvile's Debts which are great are yet paid out of the Estate but the Estate injoyed by Mr. Roberts and although the Injunctions be now dissolved yet the Trustees cannot sue at Law by reason of Mr. Roberts Priviledge of Parliament All which is humbly submitted to the Judgement and Consideration of the Honourable House of Commons