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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
B14697 An acte to auoyde a decree in Chancery there made, betvveene one Francis Verzelline, sonne and heire of Iacob Verzelline the elder, plaintiffe; and Peter Manning, Michaell Pallmer, and their wiues, daughters of the sayde Iacob the elder, and others, defendants. Manning, Peter, fl. 1621. 1621 (1621) ESTC R226109; STC 17257.5; Interim Tract Supplement Guide Harl.7617[17]; ESTC R226109; ESTC S123999 2,652 2

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An Acte to auoyde a Decree in Chancery there made betweene one Francis Verzelline sonne and heire of Iacob Verzelline the Elder Plaintiffe And Peter Manning Michaell Pallmer and their Wiues Daughters of the sayde Iacob the Elder and others Defendants 1. THe Defendants set forth That the said Iacob the elder being seized of diuers Lands in Kent woorth 260. li. per Annum conceiuing displeasure against the saide Francis Verzelline for that He the said Francis had maried Ka. Burly a second wife the first being aliue and otherwise had abused himselfe and was also of euill life did purpose to settle his said Lands vpon his second son and his said daughters the heires of their bodies And to that end the 29. of May 1604. made his last Will and Testament in writing by Indenture both signed and sealed by him in the presence of seuen credible witnesses 2. Gaue his Land by the same Will to his said second son and to his saide daughters and their children in taile 3. Gaue a rent of 40. li. per annum by it to his said sonne Francis 4. With Prouiso to be void if hee should at any time attempt to make void or interrupt the execution of any part of the same Will 5. Made his Wife Elizabeth Executrix 6. He caused the same Will to be often and publikely carefully read vnto him before he sealed it being about a month in framing 7. He did all this by the aduice of Mr. Sergeant All tham 8. After this He by deed dated xxvi Martij 1606. recites this Will confirmes and strengthens it and by the same deede grants vnto the same Francis Verzelline 60. li. rent more per annum for his life onely 9. With a Prouiso to the same effect as in the Will if he should attempt to make void the same Will 10. Hee ratified also the same Will at another tiem by an Indorsement thereupon declaring againe his intention touching the setling of the sayde Lands according to the body of the sayde Will and this was on the 9. of September 1606. in the presence of three witnesses of good credit 11. After his death the saide Eliz his wife after Citation of the saide Francis to see the said Will proued in the prerogatiue Court prooued the same by seuen witnesses vpon their Oath testifying the same and the said often publications and confirmations thereof 12. And the saide Francis Verzelline permitted the same 13. And accepted of his said Rent according to the saide Will and made Acquittances for the same 14. And knew that his saide Mother payed diuers Legacies by vertue of the same will And yet neuerthelesse in Easter Terme 1609. He the saide Francis Verzelline exhibited his Bill in Chancerie to ouerthrow the saide Will pretending the same to be vnduely obtained and drawn from his sayde Father and after Answer and Examinations of witnesses the cause comming to hearing A Decree was made for the Plaintiffe By which 1. It was adiudged That the sayd Will should be taken to be voyde to all purposes against the saide Fra Verzelline 2. And The present possession of all the saide Lands established with him the said Francis and that the said Defendants in the said suite should be barred to take any benefit by the said Will. 3. And That the Defendants and their Wiues should within sixe moneths then next comming make Assurance of the said lands to the Plaintiffe For non performance whereof the sayde Peter Manning indured long imprisonment and the saide Michael Pallmer went beyond the Seas to his vtter vndoing refusing to performe the said Decree for that the same was grounded vpon suggestions and allegations vtterly mistaken and manifestly either without proofe or against proofe 1. As first That the Defendants had pleaded a Pardon for the vndue procuring of the saide Will in the Star-chamber Which was onely repeated in their Answer as that whereof they might haue taken benefite if they had bin faulty But they did neither insist nor demand Iudgement of that honourable Court thereupon But pleaded ouer the Truth of the matter and concluded their said answer with the generall issue Not guilty 2. That they did incense the Plaintiffes Father against him 3. That they had vntruly charged him to haue sayde That he was ashamed of his Father 4. That there were no Instructions giuen by the saide Testator for making of the said Will to such as drew it 5. That it was doubtfull whether it was at any time read to the Father or not 6. That some did depose the said reading thereof but to their rememberance and with some contrarieties which were cleerely otherwise and very vntrue But on the other part of the Defendants it was fully proued 1. That the very paper booke of the saide draught was read and amended to and by the said Testators owne directions 2. That it was drawne by a former Will by his directions 3. That the same paper book was sent afterwards to Mr. Sergeant Altham to be perused 4. That it was by him perused and brought backe againe and reade to him a second time 5. That it was by the Testators direction ingrossed in parchment in two parts indented 6. That the saide Testator inuited diuers men of purpose to let them know that it was his last Will and Testament 7. That the same was brought and read vnto him before the sealing by one of his seruants that drew it in paper 8. That a former Will was then in his presence and view and by his speciall directions cancelled and defaced 9. That then he sealed the saide Will decreed against in the presence of the said witnesses 10. That he then deliuered one duplicate thereof to one Mr. Fitch to bee kept and the other he kept himselfe 11. That he afterwards deliuered one of the said duplicates to the deputed Towne-Clearke of London to be by him safely kept 12. That the same was so made two yeares and more before his death 13. That he did againe publish the same to one Doctor Manning about one yeare after the date thereof who read it vnto him 14. That he at all these times well knew that the saide Fra Verzelline had married Kath Burley his second wife the first being aliue 15. That he said No Bastards should inherit his Lands and helde the said Francis prodigall and leud 16. And that the said Testator was of verie perfect memorie at all these times For all which and for that the saide Fra Verzelline had all the personall estate of the said Iacob the Elder amounting to the value of 1200. li. and vpwards as Executor to Eliz. Executrix of the said Testators last Will Testament And for that the validity and inualidity of the said last Wil Testament being for Lands of Inheritance ought by the Lawes of this Kingdome to haue bin tried at the Common Law vppon an issue of deuisauit or non deuisauit and not to haue bin determined in the sayde Court of Chancery The said Peter Manning and his Wife Michaell Palmer and Iohn Palmer his Son and heire by the said Marriage and Iacob Manning son and heire of the saide Peter do humbly pray his most excellent Maiesty the Lords spirituall temporall and Commons in this present Parliament assembled That it may be by them enacted That the said Decree may be vtterly reuersed and that they may haue full power and libertie the sayd Decree notwithstanding to enter into the saide Lands or to recouer the same at and by the Common Lawes of this Realme and that all persons interessed by the said Wil may hold and enioy al the lands to them deuised according to the same the said Decree in any wise notwithstanding