The CASE OF Sir FRANCIS FANE The Younger. FIRST, The Bill setteth forth, that upon his Marriage be settled the Manor of Firbeck, and Lands thereunto belonging, lying in the County of York, upon several trusties, to the use of himself for Life; the Remainder to Hannah his Wife for her Jointure; the Remainder to the Heirs Males of the Body of the said Sir Francis Fane on the Body of the said Hannah his Wife, the Remainder to the Right Heirs of Sir Francis Fane in Fee; so there is no other Remainder limited in the said conveyance, which might be cut off, if Sir Francis and his Wife, and the trusties had joined, they might have made a good Estate, without an Act of Parliament. But there being a Lease for ninety nine years, of the same Manor, and Lands to other trusties, for a Provision for Daughter's Portions begotten by Sir Francis on the Body of his said Wife, in case there were no Heirs Males: If the said trusties had suffered a Recovery of this Estate, and the effect of the first Conveyance ceasing, would have come in upon them, and vested in Interest; so that this Lease without an Act of Parliament cannot be unsettled; nor can any good Estate be made, to a Purchaser. The Act further sets forth, that there being some encumbrances upon the said Manor of Firbeck, undischarged before the said settlement: and that he the said Sir Francis hath contracted some Debts since, is desirous that the said Debts might be paid, and Encumbrances discharged: But having no other Lands which he can expose to sale, which will be sold at so ●ood a rate, as the said Manor of Firbeck, The said Sir Francis hath prevailed with John Rushworth Father of the said Hannah, and with the trusties to consent to the sale thereof; provided always, that the said Sir Francis do settle an Estate equivalent, to the value of the said Manor and Premises. And it is particularly expressed in the said Act, what Estate the said Sir Francis doth settle, in lieu of the said Manor, as a Provision for a Jointure for his said Wife, for the good of the Heirs Males, and for Daughter's Portions in case of no Heirs Males; and hath (by Deed in Writing under his Hand and Seal) settled that Estate accordingly in case it please the Parliament to pass this Act; wherein the consent of all parties doth concur accordingly.