The case of Thomas Lord Fairfax, and Katherine his wife; and John Peshall Esquire, and Charlotte his wife Fairfax, Thomas Fairfax, Baron, 1657-1710. 1698 Approx. 8 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-10 (EEBO-TCP Phase 1). A40751 Wing F255B ESTC R218943 99830494 99830494 34946 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A40751) Transcribed from: (Early English Books Online ; image set 34946) Images scanned from microfilm: (Early English books, 1641-1700 ; 2107:04) The case of Thomas Lord Fairfax, and Katherine his wife; and John Peshall Esquire, and Charlotte his wife Fairfax, Thomas Fairfax, Baron, 1657-1710. 1 sheet ([1] p.) s.n., [London : 1698] Imprint from Wing. Reproduction of the original at the Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Inheritance and succession -- England -- Early works to 1800. 2006-11 TCP Assigned for keying and markup 2006-11 Aptara Keyed and coded from ProQuest page images 2006-12 Emma (Leeson) Huber Sampled and proofread 2006-12 Emma (Leeson) Huber Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion THE CASE OF THOMAS Lord Fairfax , and Katherine his Wife ; And John Peshall Esquire , and Charlotte his Wife . THOMAS late Lord Culpeper , by Indentures dated ( as in the Margent ) Settles his Estate on divers Persons therein named to the Use of himself for Life , and after for the benefit of several Persons for whom he had respect , and took himself to be obliged to provide for , amongst others , for the raising of Three thousand Pounds Portion for Charlotte , now the Wife of the said John Peshall , payable at her Attainment of the Age of One and twenty , or day of Marriage . That by the said Deed , there are divers Estates and Limitations made , and granted to and for the benefit of the said Lady Katherine , subject to the several Charges by the said Deed created , and amongst others for the said 3000 l. Note , In this Settlement a Power of Revocation is reserved to the said Thomas Lord Culpeper by Will or Deed , to Alter , Change , or make Void any of the Estates , Uses or Trusts ; and the Reversion in Fee is limited to the said Thomas Lord Culpeper and his Heirs . Thomas Lord Culpeper makes his Will and confirms the said Settlement , and gives to the said Charlotte the Reversion of some Farms in the Isle of Wight , and to the Heirs of her Body ; and for want of such , to his own Right Heirs ; and soon after the said Thomas Lord Culpeper Dies . Thomas Lord Fairfax Marries the said Lady Katherine , who was Sole Daughter and Heir of Thomas Lord Culpeper ; and finding by the said Deed and Will a considerable part of the Estate was to go from his Lady and her Heirs , and what was to come to her was Charged with so considerable a Sum as 3000 l. to the said Charlotte , and several other great Payments ; endeavoured to set aside , and avoid the said Deed and Will , or the Effect thereof ; and not only attempted it by Suits in the Ordinary Courts of Law , but by a BILL in Parliament without Success . Whereupon , The said Lord Fairfax finding he could not prevail against the said Deed of Settlement and Will , did refer the Matter in difference between him and the Lady Katherine his Wife , and the said John Peshall , and Charlotte his Wife , to several Honourable and Worthy Persons , who upon examining into the same , made an Agreement betwixt the Parties , That the said Lord Fairfax should pay unto the said John Peshall 4000 l. and were of Opinion , That it was necessary to apply to the Parliament for an Act , for the more easie and better Raising the Money Charged on the Estate for the said Charlotte , and for performing the Agreement in all its Parts . That accordingly a BILL was prepared and brought into the Honourable House of Commons , who referred it to a Committee ; and the Right Honourable John , now Lord Culpeper , Petitioned against the Passing of the said BILL , and was Heard by his Counsel before the said Committee , who having maturely considered of the Matter , passeth the BILL ; and now the said Lord hath Petitioned to be Heard at the Bar of the House before the BILL do Pass . The said Lord surmizes by his Petition , That there were several Settlements made in the Family , by which some Estate is limited to him ; he produced no such , nor did make it Credible on any Reasonable Grounds . But the said Lord alleadges , That the Committee Ordered the Lord Fairfax to produce a Deed of Settlement of the Estate in 1669 : and he produced a pretended Copy . The Lord Fairfax produced all he had , which was a Copy : But now one part of that Deed is obtained and ready to be produced , which will justifie the Copy produced to the Committee to be True ; and that my Lord Culpeper can claim nothing by Colour of that Settlement , the Estate being thereby limited to the Heirs Males of Thomas Lord Culpeper by Margaret his Wife ; and for want of such , to Thomas Lord Culpeper and his Heirs for ever . As for the Settlement alledged to be made on the Marriage of Alexander Culpeper , Elder Brother to Lord Thomas , and the present Lord John ; It does not stand to Common Reason there should ever be any such Settlement , and upon strict Search no such Writing can be found : And for that John Lord Culpeper ▪ Father of the late Lord Thomas , and the Petitioner , did out-live his Son Alexander , and was seized in the Fee-simple of his Estate at his Death ; and by his Last Will charges and devises his Estate as a Fee-simple to his Eldest Son Thomas , to dispose of as he thought fit . As to the Pretence , That my Lord Culpeper could prove a Suppression or Concealment of Deeds , if my Lord Fairfaix would wave his Priviledge ; 't is very surprizing to find it in the Petition , when no Evidence thereof was offered at the Committee ; And tho' the said Lord Culpeper did ask my Lord Fairfax once to wave his Priviledge , he never would say to what end , nor did my Lord Fairfax deny it . 'T is likewise alleadged , That Thomas Lord Culpeper was indebted to the said Petitioner in 6000 l. and that his Estate is Chargable with the Petitioners just Debt in Equity . 'T is supposed , That Matter ( if lookt into ) would prove an utter Mistake , both as to the Debt and Remedy : For that the Lands mentioned in the BILL are not liable to pay the same , as will appear by the Last Will of the Petitioner's Father . But besides , in the BILL now before the House , there is not only a general Saving Clause of all Persons Right ; but 't is Consented , the said Lord Culpeper shall have a particular Saving of all such Right , Title or Claim , as he hath , can or may have in Law or Equity , to all or any part of the Estate . Note , This BILL doth not destroy or abridge , or in any sort alter or prejudice any Ancient Settlement , if there was any such ; nor concern any Person , but such as were concerned in the said Reference and Agreement . Note , That great part of the Estate setled in 1669. was of Thomas Lord Culpeper's Purchase , and with his Wives , his then and yet living Wife Margarets Portion . Note , And that Thomas Lord Culpeper in 1686. suffered a Recovery , and by Deed declared the Use to himself and his Heirs in Fee. Note also , That the Petitioner , during the Contest between the Lord Fairfaix and John Peshall , and others , touching the validity of the said Settlement of the 4th of October , and the said Lord Thomas's Will , never set on Foot any Pretence for himself , or would assist my Lord Fairfax . Note , The Petitioners supposed Debt is of above Thirty years standing , and his Demand which should arise on the Fancied Settlement is Eight years Old , and no Suit hath been commenced for either . Wherefore 't is hoped , this Honourable House will not retard the Passing this BILL , but look on the Objections thereto as proceeding from the Memory of some Vnkindnesses the Petitioner imagines were done to him by his late Brother ; in which the said Lord Fairfax and his Lady , and the said Mr. Peshall , were no ways concerned , and therefore can deserve no Blame or Resentment . Notes, typically marginal, from the original text Notes for div A40751-e10 3 & 4 Octob. 4 Jac. 2. 19 Jan. 1688.