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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
B08631 The case of Elizabeth Dutchess of Albemarle, and Christopher Monke Esquire, [brace] appellants. Against John, Earl of Bath, and others respondents 1680 (1680) Wing C911A; ESTC R173516 12,012 6

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it had been Executed in 1687 and this done without the Duke's directions or any occasion for the same for if the Duke had before Executed the other and had it in his Custody as is said by the Earl in his Answer what need was there thereof As also That after July 1681. the Earl was advising with my Lord President how he might procure a Settlement from the Duke As also That the Seal of the Duke's Coat of Arms which is upon this Deed was cut by Mr. East for the Earl of Bath and the Earl paid him for that 3 l. 10 s. and also for another small Seal of his own Arms at the same time And the said Mr. East still hath the impression of both Seals which he kept in soft Wax As also How many Witnesses well acquainted with the Hand-writing of the Duke and Sir William Jones and Sir John Coppleston have sworn they do not believe these to be so With other Evidence offered on that Subject of the Fact But more immediately towards the Points of Equity it is to be considered That the Will of 1687. Contents of the Will of 4 July 1687. contains a fair compleat and honourable Settlement of all the Real and Personal Estate some part to the Dutchess for Life some part to his Friends and Relations and Legacies to others of them and particularly to Bevil Greenvill younger Son of the Earl of Bath Lands worth 30000 l. and to Sir Walter Clargis after the death of the Dutchess Lands to the value of 1500 l. per annum or thereabouts It devises a Monument not exceeding 5000 l. to be erected for himself his Father and his Mother and devises Alms-houses to be built and a Charity of 200 l. per annum to Twenty poor Widows pursuant to the intention of his Mother and provides well for the payment of his Debts and leaves the inheritance of the greatest part of his Estate to his Cousin Col. Tho. Monke and his Sons in Tail-Male with Remainder to his Cousin Col. Henry Monke in Ireland and his Sons with other Remainders over and contains his humble Request to His Majesty in memory of his Father and his own Services to create the said Col. Tho. Monke the Appellant Monk's Father Baron Monke of Potheridge and to the Heirs Males of his Body so that the Name of Monke and his Estate may to Posterity remain together And because the Earl by his Answer has made his Case and accordingly the Court have seemed to take it highly reflecting on the Duke's Honour That the Duke at the very time of making the Will of 1687. intended the same should be void and signifie nothing and the Deed stand and that the Duke sent him to Counsel to advise Whether the Deed could be avoided by a Will and he told him It would not Wherewith the Duke seemed well pleased It is therefore to be seen what Steps the Duke made about it and the whole may be put upon that issue Whether the Duke in this Case was guilty of so much Folly Prevarication and Dissimulation towards GOD and the King his Wife and Relations when he had no sort of Benefit or Temptation upon him so to do as not really to intend that to be effectually his Will which cost him so much care and pains and which was so solemnly perfected as will appear The Proofs of the Sincerity of his Intentions Prooss of the Sincerity of the said Duke's Intentions by the last Will of 87. some of them precedent some of them concomitant and others subsequent and the Freedom of his Mind are some of them precedent to the Will some of them concomitant and others of them subsequent Sir Henry Bellasis and Sir Robert Clayton swear the Duke's declaring his Intentions precedent before the Will prepared who he intended to give Col. Monke in Holland the best part of the Estate and how he intended to setle the same And Sir Robert Clayton That the Duke sent him for the Lord chief-Chief-Justice Pollexfen to draw it and in order thereto sent to the Earl of Bath for a former Will of his he had made Which accordingly the Earl of Bath confesseth he gave him in December 1686. The L. chief-Chief-Justice Pollexfen swears He went with Sir Robert Clayton and drew the Will by Directions and Instructions from the Duke 's own Mouth and was often with him about it and that several Alterations were by the Duke's Order made in it and that the Matter was long transacting and setling and that he never saw any man more earnest to have his Will well done and according to his mind and when he had finished the Draught he read it to the Duke and after some amendments again thereupon made by the Duke's directions he was desired by his Grace to get his Clerk to engross it leaving blanks for the Executors Names and the Duke desired him to be one of his Executors to which he consented and that Sir Thomas Stringer was some of the times present with the Duke and him about it That it was published at Sir Robert Clayton's after the Duke had there Executed the Deeds of the Mannors of Dalby and Broughton to Lord Jefferies in the presence of Three Witnesses and of Sir Tho. Stringer who did not subscribe because he was one of the Executors And for the greater solemnity the Duke hath to Three several parts each containing 19 sheets of Paper and to every sheet of each part subscribed his Name and affixed his Seal and caused the Witnesses likewise to subscribe their Names to each sheet and afterwards sealed them under three several Covers and endorsed on all the Covers with his own Hand these words My Will the 4th July 1687. He kept them all in his own custody till his going to Jamaica and then delivered one of them to the Lady Eliz. Pierpoint to be given to the Dutchess of Newcastle another of them he gave to the said Col. Monke whom he had sent for from Holland for that purpose and writ to his present Majesty then Prince to procure him Leave to come and did treat him his Wife and Son with Lodgings and Dyet in Newcastle-House with himself and made him a Present of 3●0 l. for his Expences in coming over The third part thereof he carried with him to Jamaica where about a fortnight before his Death he re-published the same and kept it in his strong Box amongst things of the greatest value to him and directed the Keys thereof to be given to his Wife in case he relapsed and there dyed Besides all these Solemnities Letters between the L. of Bath the Duke and the Trustees about Monke in confirmation of his Last Will. and the great care and concern of the Duke in his said Will for his Kinsman Col. Monk when afterwards the Duke in Jamaica heard of the death of the said Col. Monke he put himself and Family into Mourning And not only the Duke but also the Earl of Bath Sir Walter