THE CASE OF Charles Duke of Southampton, For the Duke of Southampton. Respondent, At the svit of Sir CAESAR WOOD, alias CRANMER Knight, Appellant. BY Indentures of Lease and Release Sir Henry Wood Knight and Baronet, 22,& 23 May, 1671. in Consideration of a Marriage to be had between the Respondent and Mary( Daughter, Heir, and only Child of the said Sir Henry Wood,) did convey his the said Sir Henry Wood's Lands and Estate unto the Earl of St. Alban, Lord Arlington, Sir Thomas Clifford, Dame Mary Chester, Dr. Thomas Wood( now Bishop of Litchfield and Coventry) Sir Caesar Cranmer( the now Appellant) and John gardener Esq; and their Heirs In Trust, That after Sir Henry Wood's Decease the said Trustees should receive out of the Rents and Profits the sum of 450 l. to be paid yearly to the Lady Chester, so long as she should have the Tuition of the said Mary Wood, for her Maintenance, until her Age of 12 years, and after her Age of 12 years 550 l. per Annum, until the said Mary should be Married, or attain her Age of 17 years,( which should first happen) and that the said Trustees should dispose of, and pay the Residue of the Profits of the premises to the Respondent after his Marriage with the said Mary( reasonable Security being first given to provide Portions for such Daughter and Daughters, as should, during such Marriage, be begotten by the Respondent on the Body of the said Mary) and in Case there should be no Daughter or Daughters, then the Profits to remain to the Respondent, his Executors, and Administrators, and in Case the said Mary Wood should die before she attained her Age of 17 years or were Married to the Respondent then in Trust for such Uses, as Sir Henry Wood should by his last Will direct and appoint. And in Case the said Mary Wood should happen to die after Sir Henry Wood, before her Age of 16 years( the Respondent being then living and unmarried) or if the said Mary should( after her Age of 16 years) refuse to mary the Respondent, that then the Trustees should stand seized of the premises for the raising of 20000 l. to be paid to the Respondent( if then living and unmarried.) But if the said Marriage should take effect, after the said Mary's Age of 16 years, and the said Mary should have Issue Male by the Respondent, then for the better Settlement of the premises upon the Issue Male of the said Marriage, and for a more ample Provision, for the maintenance of the Respondent, and Mary his Wife, and the Survivor of them, the said Trustees should stand seized of the premises in Trust for the Respondent, and the said Mary his Wife, and the Survivor of them, during their Lives; and after their Deaths in Trust for the 1st. 2d. 3d. and 10th. Sons, and in Default of Issue Male to the Daughter and Daughters on the Body of the said Mary to be begotten by the Respondent, and the Heirs of the several Bodies of such Daughter and Daughters, and in default of such Issue in Trust for such Persons as Sir Henry Wood should by his Will direct and appoint, and in default of such Appointment in Trust for the right Heirs of Sir Henry Wood. Sir Henry Wood by his Will recites and confirms the said Indentures of Lease and Release, 24 May 1671. and does declare, That in pursuance of the Power to him reserved in the said Indenture of Release, in case the Marriage between the Respondent and the said Mary should not take effect, that in such Case, or if the Respondent should die without Issue by her; or if he have Issue by her after the Death of such Issue without Issue, then the Trustees and their Heirs should stand seized of the premises in Trust for the said Mary Wood, and her Assigns during her Life, and after her Death, in Trust for the first second, and tenth Son of the said Mary Wood in Tail, and in default of Issue Male to the Daughter and Daughters of the said Mary Wood, and the Heirs of their Bodies, and for default of such Issue in Trust for Dr. Thomas Wood for Life, and to his first, second, and tenth Son, and in default thereof to his Daughters and the Heirs of their Bodies; and for default of such Issue in Trust for the Lady Chester for Life, and after her Death to the Appellant Sir Caesar Wood, alias Cranmer, for Life, and to his first, second, third, and tenth Son, and in default of such Issue to Elizabeth web, for Life, with divers other Remainders over. And by his Will does appoint that Sir Henry Felton, the Lady Chester, Dr. Wood,( the now Bishop,) Sir Caesar Cranmer( the now Appellant,) and the said John gardener and the Survivor of them and their Heirs, shall receive the Rents of the premises, and make Leases, until his Daughter Mary Wood should attain her Age of 21, or be Married, which should first happen, and then to be accountable to her, and gives to her all his Leases for Lives or Years, and personal Estate whatsoever, to be preserved, or disposed of, for the Purchase of Lands to be settled as aforesaid, or for her by his Executors therein after-named, until she should attain her Age of 21 or be Married, which should first happen, and then to be accounted for, and delivered to her, and if she should die before she attain her Age of 21. and unmarried, then he gave the same, or such part as was not laid out in Lands unto his Executors, and makes the Lady Chester, and Dr. Wood( the now Bishop) Executors in Trust for the said Mary his Daughter, Sir Hen. Wood dyed 25 May. 1671. until her Age of 21, or Day of Marriage, which should first happen, and after she attained her Age of 21, or was Married, then he makes his Daughter Mary sole Executrix, and dyes the next day, being the 25th. day of May, 1671. The Respondent, and the said Mary were Married about seven Weeks after the Death of Sir Henry Wood, whereby the Executorship of the Lady Chester, and the Bishop was determined; but the Respondent and the said Mary being then under the Age of Consent, they were again duly Married on the 29th. day of June, 1676. by Dr. Fell, the late Bishop of Oxford, the Respondent being then above 14 years old, and the said Mary above the Age of 12 years, 20 June 1687. and after their Marriage Administration is granted, with the Will annexed of Sir Henry Wood, unto Sir John Trevor, as Guardian to the said Mary duchess of Southampton, Executrix of the said Sir Henry Wood, during her Minority. That Mary duchess of Southampton the Respondent's late Wife dying the 15th. of November, duchess dyed 15 Nov. 1680. 1680, being then almost 17 years old, after her Death Administration, with the Will annexed of Sir Henry Wood, was granted by the Court of Delegates unto the Lord Viscount Grandison Sir Edward Villers, and Sir John Trevor, as Guardians of and in Trust for the Respondent during his Minority. The Respondent having attained his Age of 21 Administration de bonis non &c. with the Will annexed of Sir Henry Wood, 17. Nov. 1683. was again granted by the Court of Delegates to the Respondent, and the Respondent also obtained Administration to his said late Wife. The Respondent brought his Bill in Chancery, Michaelmas Term, 1683. as Administrator' de bonis non &c. of Sir Henry Wood, and as Administrator to Mary his late Wife, against the Bishop of Litchfield and Coventry, and Sir Caesar Cranmer the Appellant( as well in his own right, as Executor of Dame Mary Chester his Mother) and others to have Account of the Personal Estates of Sir Henry Wood, and the Respondent's late Wife, and of the Profits of the real Estate, from the Death of Sir Henry Wood to the Death of Mary, the Respondent's said late Wife. The Cause was heard, 27 Octob. 1685. and it was then decreed, That the Executorship of the Bishop and the Lady Chester was determined by the Marriage between the Respondent and the said Mary Wood, and that the Respondent should have an Account, as well of the Personal Estate of the said Sir Henry Wood, as of the Arrears of Rent and Profits of the Real Estate, from Sir Henry Wood's Death to the Death of the duchess, and that the Bishop of Litchfield and Coventry, and Sir Caesar Cranmer the Appellant should respectively Account for all that came to their, or either of their Hands, and that the Appellant should Account for what came to the hands of the Lady Chester. That the Respondent hath now a Report for 3797 l. ● s. 6 d. due from the Bishop, and for 1073 l. 10 s. 3 d. due from Sir Stephen Fox, but cannot yet bring the said Appellant Sir Caesar Cranmer to a fair Account, he keeping from the Respondent the Books, Papers, and Accounts relating to the said Estates.