Selected quad for the lemma: father_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
father_n die_v issue_n son_n 13,628 5 5.9273 4 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
B09124 The case of Sir Charles Englefield, Baronet 1687 (1687) Wing E3075B; ESTC R176720 4,926 2

There is 1 snippet containing the selected quad. | View lemmatised text

Leicestershire being the Manors now in question to the Two Anthonies and their Heirs for ever And the Wileshire Estate was afterwards Conveyed to Sir Robert Howard accordingly whereby Smith was defeated of the Reward he expected By this purchase the Two Anthonies had not only the said 2500 l. but a Present of 1000 l. more and an Annuity of 400 l. per Annum during Sir Thomas his Life in case he had any Issue of his Body and all this clearly without laying out one Peny for it as afterwards appears by the Confession of Anthony the Father upon his Oath in Answer to a Bill Exhibited against him and his Son in Chancery by Smith viz. That the 200 l. acknowledged by Sir Thomas Englefield in the said Articles Dated 18. Sept. 1665. to be paid him by the Two Anthonies or any Part thereof was never paid him As to the said Manors in Leicestershire which is the Estate in question Sir Thomas Englefield in pursuance of the said Tripartite Articles by his Lease dated 20 October 1665. and Release dated 21 October 1665. Conveys the said Leicestershire Estate to the Two Anthonies and their Heirs for ever and Covenants to levy a Fine thereof to the same uses which Fine was afterwards levyed accordingly And afterwards the Two Anthories granted to Sir Thomas Englefield an Annuity or Rent-Charge of 500 l. perAnnum to the issuing out of the Leicestershire Estate for his Life from the Decease of Dame Winified Englefield and not before and to continue only while Sir Thomas had no Issue of his Body Dame Winifred Englefield Tenant for Life of the Leicestershire Estate before the birth of Sir Charles Englefield joyns with the Two Anthony Englefields in a Fine and Recovery to bar the Intail and dock the Remainders to the end to defeat the Remainders in Contingency limited to the Sons of the said Sir Thomas Englefield there being no Trustees in the said Indenture of 19 Junii 8 Car. 1. to preserve contingent Remainders Sir Thomas Englefield Intermarries with Dame Mary his now Widow and Relict Bill and hath Issue by her Sir Charles Englefield the now Defendant and dies Sir Charles Englefield in 1681. Exhibits his Bill in Chancery against Anthony Englefield the Son Anthony the Father being then dead for the Leicestershire Estate praying to be Relieved against the palpable Fraud and Circumvention of the Two Anthonies in getting the said Estate from his Father and that he might be restored to it and enjoy it according to the said Settlement of 19 Junii 8 Car. 1. made by Sir Francis Englefield his Uncle Anthony Englefield in his Answer among other things insists Answer that one of the Considerations for Sir Thomas Englefields Conveying the Leicestershire Estate to him and his Father and their Heirs was That notwithstanding Sir Thomas had absolutely conveyed the Wiltshire Estate to them yet they suffered him to Join with them in the Sale thereof to Sir Robert Howard who gave him more for the same then they were to have done But upon hearing of the Cause and reading the aforesaid Deeds Decree Articles and Conveyances and several others and a long Debate all which took up several days the Court Declared that it fully appeared That the Two Anthonies had gotten the said Leicestershire Estate from Sir Thomas Englefield by Fraud Practice and Circumvention And therefore Decreed 6 Aprilis Anno 3 Jac. 2. That all Conveyances by him Executed to the said Two Anthonies ought to be set aside And that Possession of the said Leicestershire Estate and all Deeds and Writings concerning the same should be delivered up to Sir Charles Englefield And that Anthony should Convey the said Estate to Sir Charles and the Heirs Males of his Body with such Remainders over as are limited in the said Indenture of 19 Jun●● 8 Car. 1. free from all Incumbrances And Sir Charles and the Heirs Males of his Body should quietly enjoy the Premisses against Anthony Englefield and all Claiming under him And that Anthony Englefield should Account for the Profits The Two Anthonies received the Profits for above Sixteen years Note which at 1500 l. per Annum amounts to 24000 l. and upwards By Virtue of which Decree the Defendent Sir Charles Englefield hath been in Possession of the Leicestershire Estate for about Five years last past And in pursuance of an Agreement before his Marriage and in Consideration of 3000 l. Portion with Dame Susanna his Wife hath made a Settlement of the Third Part of the said Estate upon the said Dame Susanna for her Joynture with Remainders to the Issue of their Bodies in Tail and several Remainders over and hath levied Fines and suffered Recoveries thereof But the said Anthony Englefield hath utterly refused to yield Obedience to any part of the said Decree except the Possession and hath retired into France And his Agents here have put in an Appeal in his Name to the Right Honourable the House of Peers from the said Decree Now how little Reason the Plaintiff Anthony Englefield hath to insist upon his and his Fathers letting in Sir Thomas Englefield to receive some of the Purchase-Money of the Wil●shire Estate as a Consideration for his Conveying to them the Leicestershire Estate is manifest the Plaintiff endeavouring to justifie one Fraud by another For They got from him a Conveyance of the Wilishire Estate being 2500 l. per Annum for an inconsiderable matter viz. 600 l. in ready Money and an Annuity of 200 l. for his Life Not one peny of this 600 l. was ever paid him and yet they prevailed with him to acknowledge he had received 200 l. of it The 200 l. per Annum for his Life was under a Condition or Limitation to continue no longer then Sir Thomas remained unmarried which was of a wicked prospect to restrain him from Marriage that he might have no Son to call them to an After-reckoning They Confess afterwards That though they had gotten Sir Thomas to Convey his Wiltshire Estate to them for 600 l. and 200 l. per Annum Annuity yet they were not able to Pay the one or Settle the other Their sharing the Spoil with Smith and the indirect Transactions they had with each other plainly shews the Confederacy between them all to cheat Sir Thomas Englefield So that what the Plaintiff insists on in his Answer for a Consideration why they should deseat Sir Thomas Englefield and his Issue of the Leicestershire Estate amounts to no more then this That because they had Defrauded him only of the best part of the Purchase-Money for the Wiltshire Estate and not of all of it he should give them 1500 l. per Annum more in Leicestershire for their dealing with him no worse And as to the other Consideration of Sir Thomas Englefields Conveyance to the Two Anthonies of the Leicestershire Estate viz. The Settling an Annuity on him of 500 l. per Annum during his Life after the Death of Dame Winifred Englefield It was a clear Fraud put upon him and no Confideration for him to give them the Estate for Sir Thomas besides the same wicked prospect to restrain Sir Thomas from Marriage as in the Case of the Wileshire Estate was to have nothing till the Death of Dame Winifred and after her Death his 500 l. per Annum was to be paid out of his Estate of 1500 l. and the Two Anthonies were to have the residue during his Life and the whole after his Death for nothing