Die Jovis, 10° Martii 1836. Evidence on the Braye Claim of Peerage. C. Tebbs, Esq. The Earl of SHAFTESBURY in the Chair. THE Order of Adjournment was read. The Minutes of the last Committee were read. The Counsel were called in. The Attorney General submitted, That, before any further Proceedings were taken, Notice should be given to the Co-heirs. The Counsel for the Claimant stated, That he was prepared to prove that Notice had been given to the Co-heirs. The Counsel were directed to prove the Notice. Then CHARLES TEBBS Esquire was called in; and having been sworn, was examined as follows: (Mr. Lewis.) You are the Agent of the Claimant in this Case? I am. Have you served any Notice of this Claim upon Sir William Boothby? I have served Notice upon the Duke of Bedford, Sir Francis Vincent, and Sir William Boothby, Three of the Co-heirs. Have you a Copy of that Notice? I have. Will you produce and read it? "Sir, Doctors' Commons, 28th January 1836. "The Barony of Braye. We beg to acquaint you, on behalf of Mrs. Sarah Otway Cave of Stanford Hall in the County of Leicester, that she has presented a Petition to the King, praying His Majesty to determine the Abeyance of the Barony of Braye in her Favour as One of the Co-heirs of John the last Baron Braye. Presuming you to be also a Co-heir of the Barony, we beg leave, in conformity to the Standing Order of the House of Lords, to give you this Notice of our Proceeding. "We are, Sir, When did you serve that Notice? "Your most obedient Servants, I served it on Sir William Boothby on the 29th of January last. The H The Counsel were informed, That it was not necessary to prove the Notice on Sir William Boothby, as he appeared. Have you served a similar Notice upon the Duke of Bedford? I served it upon the Duke of Bedford on the 18th of December last. Personally? Have you served a similar Notice on Sir Francis Vincent? I served it on Sir Francis Vincent in Paris on the 16th of January last. The Counsel stated, That the other Parties upon whom Notice had been served appeared. Mr. Attorney General was further heard in reply on the Part of the Crown. The Counsel were directed to withdraw. Proposed to adjourn this Committee to Thursday next, at Ten o'Clock; Accordingly, Adjourned to Thursday next, at Ten o'Clock. C. Tebbs, Esq. Die Jovis, 17° Martii 1836. Evidence on the Braye Claim of Peerage. Mr. T. Hearn. The Earl of SHAFTESBURY in the Chair. THE Order of Adjournment was read. The Minutes of the last Committee were read. The Counsel were called in. Sir Harris Nicolas requested, That a Witness who was detained in Town might be called to put in certain Documents; and he was directed to proceed. Mr. Lewis stated, That, in order to prove that Mary Abell, the Wife of Edmund Verney (No. 13. in the Pedigree), was dead without leaving any Issue, and the Extinction of that Branch of the Family, he would put in a Deed dated the 23d of August 1722, purporting to be a Conveyance of the Manor of East Claydon from Richard Verney and Bridget his Sister to Thomas Snow and John Paltock in Fee, in which it was stated that the said Manor was late the Estate of Inheritance of Mary Verney, Widow of Edmund Verney; and that, by the Death of the said Mary without Issue of her Body, it descended upon and came to William Abell, the Father of the said Richard, her next Cousin and Heir at Law. Then Mr. THOMAS HEARN was called in; and having been sworn, was examined as follows: (Mr. Lewis.) Do you produce a Deed of Conveyance from Richard Abell, Esquire, and his Sister, of their Estate at East Claydon, to Messrs. Snow and Paltock and their Heirs? I do. From whence do you bring that? From the Deed-room of Sir Harry Verney, Baronet. What are you? I am Sir Harry Verney's Solicitor. Sir Harry Verney has succeeded to that Property? When did you procure that Deed from his Deed-room? (By a Lord.) How long have you been his Solicitor? Four or Five Years; ever since Sir Harry Verney came to the Property. The Witness produced the same. (Mr. Have you examined that with the Original? Yes, I have, and it is perfectly correct. The same was delivered in, and read as follows: This Indenture Tripartite, made the Three-and-twentieth Day of August, in the Ninth Year of the Reign of our Sovereign Lord George, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. Annoq, Dom 1722, between Richard Abell of East Cleydon in the County of Bucks, Esquire, Son and Heir of William Abell, late of East Cleydon aforesaid, Esquire, deceased, and Bridget Abell, Spinster, only Daughter of the said William Abell deceased, and Sister of the said Richard Abell, of the First Part; Thomas Snow of the Parish of Saint Clement's Danes in the County of Middlesex, Goldsmith, and John Paltock of the same Parish of Saint Clement's Danes, Goldsmith, of the Second Part; and Edward Snow of Marlborough in the County of Wilts, Apothecary, and Robert Paltock of Clement's Inne in the County of Middlesex, Gent., of the Third Part: Whereas the said William Abell, deceased, was in his Lifetime and at the Time of his Death seized of and in the Manor of East Cleydon aforesaid, and divers Messuages, Farms, Lands, Tenements, and Hereditaments herein-after mentioned or intended to be granted and conveyed, scituate, lying, and being in East Cleydon, Bottle Čleydon, Middle Cleydon, and Groundborough, some or one of them, in the said County of Bucks, of a good Estate of Inheritance in Fee Simple And whereas the said William Abell made his last Will and Testament in Writing, bearing Date on or about the Fourteenth Day of February Anno Domini 1720, and thereby (amongst other Things) gave and devised all his Estate, Property, Claim, and Demand whatsoever (except Two Closes about Four Pounds a Year, then in the Possession of Joseph Holton,) which he had within the Manor of East Cleydon aforesaid unto his Daughter the said Bridget Abell, her Heirs and Assigns for ever; subject neverthelesse to a Provisoe or Condition in the said recited Will conteined for reconveying the Premises unto the said Richard Abell, his Heirs and Assigns, upon Payment by him, his Heirs, Executors, or Administrators, unto the said Bridget Abell, her Executors, Administrators, and Assignes, of the Sume of Nine thousand Pounds, and Interest for the same after the Rate of Five Pounds per Centum per Annum, within Three Years after the Decease of the said William Abell, as by the said Will proved in the Prerogative Court of Canterbury the Third Day of March One thousand seaven hundred and twenty doth more fully appear: And whereas the said Thomas Snow and John Paltock have contracted and agreed with the said Richard Abell and Bridget Abell for the absolute Purchase of the Freehold and Inheritance of the said Manor of East Cleydon, and other the Messuages, Farmes, Lands, Tenements, Woods, Rents, and Hereditaments herein-after mentioned or intended to be granted and released, and are to give for such absolute Purchase the Sume of Nineteen thousand and two hundred Pounds, to be paid, applyed, and disposed of in manner following; that is to say, the Sume of Nine thousand Pounds, Part thereof, to be paid to the said Bridget Abell, in full Satisfaction of and for the said Principall Sume of Nine thousand Pounds so due to her upon, by virtue, and under the Will of the said William Abell Mr. T. Heurn. No. 25. Mr. T. Hearn. deceased, and charged upon the Estate therein menconed (all Interest for the same being paid and discharged by the said Richard Abell to the Day of the Date of these Presents), and the Sume of Ten thousand two hundred Pounds, Residue of the said Sume of Nineteen thousand two hundred pounds, the Purchase Money, to be paid to the said Richard Abell to and for his own Use and Benefit: Now this Indenture witnesseth, that for and in consideration of the said Sume of Nine thousand Pounds of lawfull Money of Great Britain to her the said Bridget Abell by the said Thomas Snow and John Paltock, (at the Request and by and with the Consent and Direction of the said Richard Abell, testyfied by his being a Party to and signing and sealing these Presents,) at or before the Sealing and Delivery hereof, well and truly paid, in full of all Money, both Principall and Interest, so due and owing to her by virtue of and under the said Will of the said William Abell her Father, and charged upon the Manor, Lands, Tenements, Estate, and Hereditaments therein menconed and hereby granted and conveyed, every or any Part thereof respectively, the Receipt of which said Sume of Nine thousand Pounds she the said Bridget Abell doth hereby acknowledge, and thereof and of every Part thereof doth acquitt and discharge the said Thomas Snow and John Paltock, their Heirs, Executors, and Administrators, and every of them, by these Presents; and also for and in consideration of the said Sume of Ten thousand two hundred Pounds of like lawfull Money of Great Britain to him the said Richard Abell by the said Thomas Snow and John Paltock, also at or before the Sealing and Delivery of these Presents, well and truly paid, the Receipt of which said Sume of Ten thousand two hundred Pounds he the said Richard Abell doth hereby acknowledge, and thereof and of every Part thereof doth acquitt and discharge the said Thomas Snow and John Paltock respectively, by these Presents; and which said severall Sumes of Nine thousand Pounds and Ten thousand two hundred Pounds, so mentioned to be paid to them the said Bridget Abell and Richard Abell respectively, do make together in the Whole the Sume of Nineteen thousand and two hundred Pounds, in full for such absolute Purchase as aforesaid, (and is the same Sume of Nineteen thousand and two hundred Pounds menconed to be the Consideration Money of and in One Indenture Tripartite, bearing even Date with these Presents, and intended to be inrolled in the High Court of Chancery, and made or menconed to be made between the said Richard Abell and Bridget Abell of the First Part, the said Thomas Snow and John Paltock of the Second Part, and the said Edward Snow and Robert Paltock of the Third Part, purporting a Bargaine and Sale from the said Richard Abell and Bridget Abell of the said Manor, Messuages, Farmes, Cottages, Lands, Tenements, Hereditaments, and Premises unto the said Edward Snow and Robert Paltock, and their Heirs, in Trust, as to One Moiety of the same Premises, for the said Thomas Snow, his Heirs and Assignes, and, as to the other Moiety thereof, in Trust for the said John Paltock, his Heirs and Assignes); and also for and in consideration of the Sume of Five Shillings of like lawful Money of Great Britain to them the said Richard Abell and Bridget Abell by the said Edward Snow and Robert Paltock, at or before the Sealing and Delivery of these Presents, also well and truly paid, the Receipt whereof is hereby also acknowledged, he the said Richard Abell and (at his Request and by his Direction, testyfyed by his being a Party to and signing and sealing these Presents,) the said Bridget Abell have, and each of them hath, granted, bargained, and sold |