The CASE OF Sir FRANCIS FANE The Younger.

FIRST, The Bill setteth forth, that upon his Marriage be set­tled the Mannor of Firbeck, and Lands thereunto belonging, lying in the County of York, upon several Trustees, to the use of himself for Life; the Remainder to Hannah his Wife for her Joynture; 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 Trustees had joyned, they might have made a good Estate, without an Act of Parliament.

But there being a Lease for ninety nine years, of the same Mannor, and Lands to other Trustees, for a Provision for Daughters Portions begotten by Sir Francis on the Body of his said Wife, in case there were no Heirs Males: If the said Trustees 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 incumbrances upon the said Mannor 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 Incumbrances discharged: But having no other Lands which he can expose to sale, which will be sold at so [...]ood a rate, as the said Mannor of Firbeck, The said Sir Francis hath prevailed with John Rushworth Father of the said Hannah, and with the Trustees to consent to the sale thereof; provided always, that the said Sir Francis do settle an Estate equivalent, to the value of the said Mannor and Premisses.

And it is particularly expressed in the said Act, what Estate the said Sir Francis doth settle, in lieu of the said Mannor, as a Provision for a Joynture for his said Wife, for the good of the Heirs Males, and for Daughters 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.

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