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B08643 The case of Sir Caesar Wood, alias Cranmer, Kt. appellant, against Charles Duke of Southampton, respondent, from a decree of the late Lord Jefferies in Chancery, between the said Charles Duke of Southampton, complainant, and the said appellant, defendant. Humbly presented to the consideration of the Right Honorable the Lords spiritual and temporal in Parliament assembled. England and Wales. Parliament. 1692 (1692) Wing C989A; ESTC R173553 4,479 2

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Evening before his death had bequeathed the Guardianship of his Daughter to her Grace the Duchess of Cleveland But this project was spoiled by the Lord Chief Justice Hales who upon examination of the Matter Prohibited the proving of the Codicil However By his Guardian Sir John Trevor late Master of the Rolls as Administrator during the Minority of the Respondent the Respondent upon this Marriage such as it was Exhibited his Bill in the High Court of Chancery against the Executors of Sir Henry Woods Will suggesting that by this his Marriage their Executorship was determined and that his Wise was become Executrix and the Respondent in her Right thereby intituled to the Personal Estate and the Rents and Prosits of the Real Estate and upon this account opposed the laying out of the same in Purchases of Lands as Sir Henry Woods Settlement and Will had directed And Mary being still detained from her Guardian at her Age of twelve years was again Married to the Respondent but without the consent or so much as the knowledge or privity of her Guardian or any of her Trustees and the 2000 l. per annum not yet settled And upon this second Marriage a new Bill was Exhibited against the Executors and this Appellant to the same effect with the former but nothing was done thereupon And on November 15. 1680. before any Settlement of the 2000 l. per annum and before any Marriage after her Age of sixteen years Mary dyed and without Issue by reason whereof all the uses in the Settlement and Will that were to arise on the Marriage with the Respondent became null and void And the Rents and Profits of the Real Estate above what was appointed for maintainance and also the Personal Estate ought to have been laid out in Purchases of Lands to be settled according to Sir Henry Woods Will whereby the same would have come to the Appellant and his Sons in Remainder after the death of the Bishop according to the express direction of the Will And in the life time time of Mary about 2000 l. thereof was accordingly laid out in a Purchase of Lands Nevertheless The now Respondent having taken out Administration to Mary and also Letters of Administration to Sir Henry Wood with his Will annext though nothing of Kin to him in the year 1683. Exhibited a new Bill against the Executors of Sir Henry Wood's Will And the Lady Chester one of the Executors dying he revived the same against the Appellant as Executor to the Lady Chester And the effect of this Bill was to have the Personal Estate of Sir Henry Wood and the Rents and Profits of the Real Estate to the time of Maries death accounted for and delivered to him the Respondent And on hearing the Cause on the 27. day of October 1685. before the late Lord Chancellor Jefferies his Lordship was pleased to declare That it plainly appeared to be the intention of Sir Henry Wood that the said Marriage should take effect before Maries Age of sixteen years though both the Settlement and Will appoints it to be between sixteen and seventeen And that by the Respondents Marriage which was in such manner as aforesaid and not otherwise the Executorship of the Lady Chester and the Bishop determined And that by the Marriage though no Settlement was made of the 2000 l. per annum on the Respondents part or any Settlement at all on his part the Respondent was become Intituled to and ought to have an account of the whole Personal Estate that Sir Henry Wood left at his death and the Rents and Profits of the Real Estate to the time of Maries death and did Decree the same accordingly So that by this Decree the whole Personal Estate of Sir Henry Wood and also all the Rents and Profits of his Real Estate from the time of his death to the time of the death of Mary which is about nine years is to go to the Respondent Whereas by the Will of Sir Henry Wood the same ought to be laid out in Purchases of Lands to be settled according to Sir Henry Wood's Will Whereby the same would come to the Appellant and his Sons as aforesaid And in the Prosecution of this Decree the Appellant and other Defendants are not only charged for the Personal Estate and Profits that was remaining at Maries death but also with the 2000 l. that was laid out in Lands as if the same had yet continued Personal Estate Now the Appellant humbly conceives Viz. By taking away of Mary and Marrying of her under Age contrary to her Fathers Will and without a Settlement and is advised that this Decree is Erroneous First Because the Decree is founded on a false Proposition viz. That it was Sir Henry Wood's intention that the Marriage with the Respondent should take effect before Maries Age of sixteen Whereas both by the Settlement and Will it is appointed to be between sixteen and seventeen Secondly Because the Estate in question is Decreed to the Respondent contrary the Settlement and Will of Sir Henry Wood and that notwithstanding the 2000 l. per annum which was the consideration of Sir Henry Wood's Settlement was never settled which is a strange sort of Equity Thirdly If this Decree should stand the Respondent will profit by the Wrongs that have been done which by a known Maxim no man is to do And fourthly It will be of dangerous Consequence and may give Countenance to the Ravishment of Children from their Guardians and Marrying them without any Settlement or Provision for them though never so solemnly agreed Wherefore And for many other Errors in the Decree appearing the Appellant humbly prays that the same may be Reversed