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A79975 The case of Dame Francres [sic] Clifton the Relict of Sir Clifford Clifton Baronet deceased, and William Clifton, Katharine and Arabella Clifton, the son and daughters of the said Sir Clifford, humbly presented to the consideration of the right honourable the Lords spiritual and temporal in Parliament assembled. 1681 (1681) Wing C4715B; ESTC R176586 2,807 1

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The Case of Dame Fancces Clifton the Relict of Sir Clifford Clifton Baronet deceased and William Clifton Katharine and Arabella Clifton the Son and Daughters of the said Sir Clifford Humbly presented to the Consideration of the Right Honourable the Lords Spiritual and Temporal in Parliament Assembled IN Michaelmas Term 9 Car. 1. Sir Jervis Clifton Knight and Baronet and Jervis his Son and Heir apparent Esquire levied a Fine Sur cognizance de droit come ceo to Timothy Pusye Esquire and by Indenture Dated the 20 September 9 Car. 1. made between the said Sir Jervis and Jervis his Son of the one part and the said Timothy of the other part declared the Uses thereof by which said Deed Fine and other Conveyances since made Sir Clifford Clifton deceased was during his life seized of and in the Mannor of Clifton and divers other Mannors Mesuages Cottages Lands Advowsons Tenements Meadows Closes Pastures c. In the Parishes of Clifton Wilford c. for Term of his life with the immediate remainder thereof to William his eldest Son and the Heirs males of the body of the said William Remainder over to all other the Sons of the said Sir Clifford Clifton in Tail successively Remainder to all other the Sons of Sir Jervit Clifton except Sir Jervis Clifton his eldest Son in Tail male successively Remainder to all the Daughters of the said Sir Jervis Clifton the Father in Tail Remander to the use of the Daughters of the said Jervis Clifton the Son in Tail Remainder to the Daughters of Sir Clifford Clifton in Tail Remainder to Sir Jervis Clifton the Son Sir Clifford Clifton Robert Waring Robert Butler Gent their Heirs and Assigns for ever with power to Sir Clifford to make any Lease or Leases of the Premisses except the Mannor-house of Clifton and Hodsock and the Park for 21 years or under or three Lives or for years determinable upon two or three Lives so as the Leases take commencement from the time of making or a time then past and the accustomary Rent be thereupon reserved with further power by his Deeds or last Will in Writing to Grant or Devise two third parts of the Premisses with or without reservation of any Rents to any Persons for any number of years to take commencement from his death so as the same determine upon the death of the Heirs male of the said Sir Clifford Clifton's Body or his attaining the age of 21 years That Sir Clifford Clifton became engaged for great Debts which his Father contracted by reason of the late unhappy War and was otherwise indebted in several Sums of Money himself the which he intended to satisfie by the taking of several Fines for the renewing of several Leases of the Premisses accordinng to the power given him as aforesaid for the Terms of years or lives as aforesaid which before he could accomplish he was surprized by Death That Sir Clifford Clifton by Will dated the 11 of August 21 Car 2. did give to the Lady Frances his Wife and Jervis Holland his Kinsman two third parts of the Premisses until William his Son should attain the Age of 21 years or die without Issue male of his body But if the said Lady Frances should be in senite with a Son at the time of the said Sir Cliffords death and should be born alive then the said Sir Clifford did appoint that the said Lady Frances and Jervis Holland should enjoy the two third parts untill such after-born Son should attain the age of twenty one years or die without Issue male of his Body In trust for payment of his debts afterwards in trust for him or them to whom the Free-hold of the premisses should appertain and appointed the said Dame Frances and Jervis Holland his Executors and William Sacheverill and the said Jervis Holland Guardians of his said Son William and by his said Will bequeathed to Katharine and Arabella his two Daughters 4000 l. a piece with this his said further direction that if either of them dyed before Marriage the Survivor should have 6000 l. to her Portion Sir William afterwards dyed seised of the premisses leaving William his Son of the age of eight years and Katherine and Arabella his two Daughters and no other Children The said Sir Clifford being by death prevented from executing such Leases as aforesaid the which Leases he had agreed to make and were drawn and some of them Sealed and his personal Estate being but small his debts and Daughters portions cannot be satisfied unless such Leases be made for raising of the Fines which he had in his life time agreed for and the profits of the said two third parts of the said Estate be imployed to those purposes during the minority of the said William Clifton The Bill therefore prays that it may be Enacted that the said William Sacheverill the Lady Frances Clifton and Jervis Holland and the Survivors or Survior of them may have Power and Authority And it is Enacted that they and the Survivor of them are enabled and impowred during the minority of the said William by writing indented under their or the Survivors or Survivor of their Hands and Seals to make such Leases of the premisses or of any part of them except as aforesaid to any person or persons for any time not exceeding twenty one years or three Lives in possession and not in Reversion to take effect from the making thereof under the ancient and accustomary yearly Rents which Rents are to go along with the Reversion and Remainder of the premisses immediately expectant upon such Estate for years or Lives and to be recovered by him or them who shall be seised from time to time of or in the next immediate Remainder or Reversion expectant upon such Estate for years or Lives in such manner as if such Leases and Estates had been made by Sir Clifford in his life time and such Leases to be as effectuall as if made by Sir Clifford himself It doth further Enact that two third parts of the said Mannors and Premisses shall be vested in the said Lady Frances and Jervis Holland and the Survivor of them and the Executors and Administrators of such Survivor till Wiliam Clifton die without Issue Male or attain to the age of twenty one years which shall first happen discharged at the Trust of Sir Cliffords Will but subject to the Estates and of Leases for years or Lives made by Sir Clifford in his life time according to the aforesaid settlement and with the Estates for years or Lives which shall be madeby the aforesaid William Sachervill Lady Frances Clifton and Jervis Holland or their Survivors in persuance of this Act. And it doth further Enact that the Moneys raised by Fines upon such Estates to be granted by the persons aforesaid and the Moneys raised out of the said two third parts of the said premisses by the said Lady Frances and Iervis Holland reasonable and convenient maintenance for the said Katherine and Arabella Clifton being first according to the direction of deducted and allowed shall be applied to the payment of the just debts owing by Sir Clifford at the time of his decease and after the debts paid then to raise such Portions for the said Katherine and Arabella as is appointed by the Will aforesaid And if such Portions cannot be raised after such Debts paid then such Moneys as shall be raised shall be equally paid between the said Katherine and Arabella so far as the same shall extend for their Portions and if there shall be a Surplusage after the Debts and Portions paid the same shall be paid to William Clifton his Executors or Administrators with a General saving of all Persons Rights Titles and Interests excepting William Clifton and the Heirs males of his body and such other person and persons to whom any Estate of or in any the said Premisses is limited or appointed by the Indenture aforesaid and his or their Heirs of their bodies or Heirs males of their bodies or Heirs General and Assignees It is humbly Offered that all Parties concerned are consenting to the passing of this Act desired