THE CASE OF Robert Husey Esquire.

THOMAS HƲSEY Esquire, being seized in Fee of the Mannor of Winterborn Tompson in the County of Dorset, did covenant to levy a Fine of it, to the use of himself for Life, the Remainder to his Son Dela­line Husey for Life, the Remainder to the First, Se­cond, Third, Fourth, Fifth and Sixth Sons of De­laline in Tail; the Remainder to the Heirs Females of the said Dela­line to be begotten on the Body of Dorothy Bingham, his then in­tended Wife; with several Remainders over to diverse Persons of his name. Thomas Husey dies. Delaline and Dorothy, having issue onely one Daughter, Elizabeth, levy a Fine of it Sur concessit, for 500 years, to the use of his last Will; and by his last Will did appoint the said term to be to certain persons intrust for the paiment of his Debts, and for the raising of 2000 l for a Portion for his said Daughter Elizabeth, with a Proviso, that if the next Heir Male of the said Dela­line, living at the time of her age of 21 years, Death or Marriage, which should first happen, should discharge the Debts of Delaline, and pay the said 2000 l and in the mean time 120 l per Annum for the maintenance of the said Elizabeth, and also the Charges in the management of the said Trust, then the said Term to be in Trust for such Heir Male. Delaline dies, leaving issue onely his said Daugh­ter Elizabeth, who is now seized in Tail, and so all the said Re­mainders are not valuable; the said Elizabeth being of the age of fifteen years and upwards, and her Guardians consent that an Act of Parliament should pass to inable Robert Husey, who is the next Heir Male of Delaline, upon payment of the 2000 l limited to her by her Father's Will, and upon performance of the other things required by the said Will, to Mortgage or sell the said Mannor, the said Robert Husey being otherwise utterly incapable of raising the said sum of 2000 l and of taking any benefit of the Estate, which his said Brother Delaline, upon that Condition, intended to him.

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