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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
to the Appellant then by the affixing up the Order upon the door of this most Honourable House The Appellant Petitioned 14 Dec. 1680 setting forth the Proceedings aforesaid and what delays and tricks had been used by the Respondent that he was advised his Appeal was at an end by the Respondents chusing to proceed at Law Therefore prayed that he might not be surprized offering if he might have convenient time to come to a hearing if your Lordships should think fit to hear the Cause Whereupon It was Ordered the said Cause should be peremptorily heard the 1st of February 1680. Accordingly Sir Mathew Dean his Agent came into England 16th January 1680 found the Parliament Dissolved and hath ever since waited here in order to the hearing of his Cause before this most Honourable House This being the third time Sir Matthew Dean with the Records and Evidences to prove the Appellants Title to the Estate in question hath been hazarded at Sea which Evidence if lost the Appellants Title at Law can never be made out The Appellant hath spent these six years in Suits to defend his Right above 4000 l. which hath put him into so great debts that he cannot appear and if the Cause be not determined by your Lordships the same will be his and his posterities utter ruin Therefore it is most humbly prayed this Cause may receive a determination before your Lordships this present Sessions Old Andrew Barrett Esq his Will whereby he Intails all his Estate on his Seven Sons and to their Heirs Males who was great Grandfather to Sir William Barrett who made the Will in Bristol by which Capt. St. Leger claims only his Right which abovesaid Old Andrew was also Great Grandfather to the Appellant John Barrett Esquire IN the Name of God Amen I Andrew Barret of Ballincolly in the County of Cork Esq being at this present God be praised in perfect health and ready to depart for England have thought fit for avoiding of such dangers and inconveniencies as might befall do make this my Last Will and Testament for the direction of the Estate that it pleased God to lend me and disposing of the same in the best manner that in so short a time I could call to mind First I commend and commit my Body and Soul to Almighty God whose Divine Spirit Grace and Assistance I humbly implore to guide direct and accompany me for my defence against all wicked spirits and the suggestions of my spiritual Enemy And whereas I have Infeoffed my Cousin Mr. Patrick Roch Fitz Morice by my Deed dated the ninth of this present month and year of all the Mannors Castles Towns Lands and Tenements expressed and mentioned in the said Deed to the use and uses of my last Will and Testament And now my will is that the said Patrick his Heirs and Assigns shall stand and be seized of all and singular the said Mannors Castles Towns Lands and Tenements and Hereditaments except such Lands as I have past for my Wife Katharine Barrets Jointure during her life only and such Portions as I have made assurance of for my beloved Daughter Gennet Sarsfild during the continuance thereof and such Mortgages as I have made and stand now in force during the continuance of the same to the use of payment of all debts that shall lawfully appear to the said Patrick to be due upon me by specialty or otherwise and after taking order for such payments then to stand seized for preferment of both my Daughters Ellen and Ellyne in manner following Vid. for Ellen my Eldest Daughter whom I love and offended me not if she shall be matched with the advice and consent of her Mother her brother James and their friends Three hundred pounds I mean no Irish money but the best Coyn and for my Youngest Daughter Ellyne whom I also love matching as before Two hundred pounds of the best Coyn. My Will is that my Daughter Ellens Portion shall be increased to Two hundred pounds which preferments are thus to be rated vid. the Aids due upon my Tenements to be levied and if her Match be to her friends liking fifty pounds more being duly raised of what shall remain to be paid out of the rents and profits of the said Lands in this Mannor vid. out of my Wifes Jointure being too great for my Estate if I had not great respect as I ought to have of her the third part of the said overplus of preferments and out and from my Son and Heir James Barrett two parts and all the said payments and preferments so paid then my will is that the said Patrick his Heirs and Assigns shall be seized of all the Premises except before excepted and the four Plow-lands of Garriadin Ballivillum Ballivorinse Balluveran Kileuomly and Killmyllion to the only use and behoof of my Son and Heir James Barrett to the Heirs Males lawfully by him to be begotten on the body of my loving Daughter Gennet Sarsfild and for want of such Heirs Males of the body of the said Gennet by him to the Heirs Males of his body on the body of any other Wife lawfully to be b●gotten and for want of such Heirs Males of his body to the use of John Barrett my second Son and the Heirs Males of his body lawfully to be begotten and for want of such Heirs Males of the said John's body to the use of Edmond Barrett my third Son and the Heirs Males of his body lawfully to be begotten and for want of such Heirs Males of the said Edmonds body to the use of William Barrett my fourth Son in like manner as before if he become not a Priest or Spiritual man as is intended and if he become a Priest or Church-man or otherwise want Heirs Males of his body lawfully begotten then to the use of Richard Barrett my fifth Son and the Heirs Males of his body lawfully to be begotten and for want of such Heirs Males of the said Richard's body then to the use of Robert Barret my sixth Son and the Heirs Males of his body lawfully begotten or to be begotten and for want of such Heirs Males of the said Robert's body to the use of Andrew Barret my seventh Son and the Heirs Males of the said Andrew's body to be begotten and for want of such Issue to the use of my right Heirs for ever And further my will is that my said Son and Heir James Barrett shall after my Wifes death and after determination of all other Estates in being