Defendants, Robert Holford and Thomas Clarke Jervoise, and their Executors and Administrators, for the Term of Five hundred Years, upon such Trusts, Intents, and Purposes as are therein expressed and declared concerning the same; and from and after the Expiration or sooner Determination of the said Term, and subject thereto, he gave and devised all his Real Estate in manner therein mentioned; and as to the said Term of Five hundred Years in his said Will limited to the said Defendants, Robert Holford and Thomas Clarke Jervoise, their Executors and Administrators, his (the Testator's) Mind and Will was, and he thereby declared, that the said Term was so given to them, upon Trust, that they the said Robert Holforde and Thomas Clarke Jervoise, and the Survivor of them, his Executors and Administrators, should by Mortgage, Sale, or other Disposition of all or any Part of the Manors, Lands, and Hereditaments comprised in the said Term of Five hundred Years, within Twelve Months next after his Decease, raise and take up at Interest the Sum of Twenty thousand Pounds, together with such further Monies as would pay the Costs that might attend the raising of the said Monies, and upon further Trust to pay the Sum of Ten thousand Pounds, Part thereof, amongst his the said Testator's Uncles and Aunts that should be living at the Time of his Decease, equally amongst them, Share and Share alike; and upon further Trust that they the said Robert Holford and Thomas Clarke Jervoise, and the Survivor of them, his Executors and Administrators, should place out and continue at Interest in their Names, upon Government or Real Security, Ten thousand Pounds, being the Remainder of the said Twenty thousand Pounds, during the Life of his Sister the Defendant, Sarah Otway, and should pay all the Dividends and Interest arising therefrom unto his said Sister for her sole Use and Disposal; and from and after her Decease then, upon Trust, to pay and divide the said Ten thousand Pounds amongst such of her Children as should then be living, Share and Share alike; but in case of her Death without Issue living, then upon Trust to pay the said Principal Sum of Ten thousand Pounds unto the Person who for the Time being should be possessed of and intitled under the Limitations in his Will to his said Manors and Real Estate, to and for his own Use and Benefit; and the said Testator appointed the said Defendants Robert Holford and Thomas Clarke Jervoise Executors of his said Will: And I find, that by Indentures of Lease and Release, dated respectively the Twenty-fifth and Twentysixth of May One thousand seven hundred and ninety-one, the Release made between the Testator Sir Thomas Cave of the First Part, Robert Earl of Harborough and his Daughter Lady Lucy Sherrard of the Second Part, Philip Lord Sherrard and the said Defendant Robert Holford of the Third Part, and John Torkington Esquire and the Plaintiff Sir Charles Cave of the Fourth Part, being a Settlement made previous to the Marriage between the said Sir Thomas Cave and Lady Lucy Sherrard, it was witnessed, that for the Considerations therein mentioned the said Testator granted and released to the said Lord Sherrard and Robert Holford the said Manor of Stanford and the Capital Messuage called Stanford Hall, and the Park called Stanford Park, and the Rectory or Parsonage Impropriate of Stanford, and the Manors of Stanford, Down Town, Wester Hill, and Stormesworth, and the Lands and Hereditaments therein mentioned, situate in Stanford, Westerhill, and Stormesworth, in the Counties of Northampton and Leicester, and all other the Messuages and Hereditaments of him the said Sir Thomas Cave in Stamford, Down Town, Westerhill, and Stormesworth aforesaid, with the Appurtenances, (40.) 3 A Mr. G. J. Mussett. Mr. G. J. Mussett. Appurtenances, to hold unto the said Lord Sherrard and Robert Holford, and their Heirs, to the Uses and upon the Trusts therein mentioned: And I find that by other Indentures of Lease and Release, bearing even Dates with the last-recited Indentures of Lease and Release, the Release made between the said Testator Sir Thomas Cave of the First Part, the said Earl of Harborough and Lady Lucy Sherrard of the Second Part, and the said Lord Sherrard and Robert Holford of the Third Part, being a further Settlement made previous to the said Marriage, it was witnessed, that for the Considerations therein mentioned the said Sir Thomas Cave granted and released to the said Lord Sherrard and Robert Holford, and their Heirs, the said Manors of Swinford and South Kilworth, and the said Messuages, Lands, Tenements, and Hereditaments of him the said Sir Thomas Cave situate at Swinford and South Kilworth aforesaid, therein particularly mentioned, and all other the Lands and Hereditaments of him the said Sir Thomas Cave situate within the Liberties and Parishes of Swinford and South Kilworth aforesaid, with the Appurtenances, to hold the same to the said Lord Sherrard and Robert Holford, and their Heirs, to the Uses and upon the Trusts therein mentioned: And I find that the said Testator Sir Thomas Cave died on the Fifteenth of January One thousand seven hundred and ninety-two without Issue, and without having revoked or altered his said Will, save by the said several Indentures of Lease and Release or Settlements as herein-before stated, leaving the said Lady Lucy his Widow, and the said Defendant Sarah Otway his only Sister and Heir at Law: and I find that the said Sir Thomas Cave had at the Time of his Death Five Aunts and no more, on the Side of his Father, namely, the Plaintiffs Elizabeth Dowager Countess of Harborough, Margaret Robinson, Dame Maria Constantia Etherington, Ann Marriott, and Isabella Cave, Spinster; and he had also Two Aunts on the Side of his Mother, namely, the Defendants Frances Fremantle and Mary Preston Preston; and he had at the Time of his Death only one Uncle, namely, the Plaintiff Sir Charles Cave: And I find that the Defendants Henry Otway and Sarah his Wife had Issue the Plaintiff Henry Otway the younger, an Infant, and the Defendants Maria Otway and Frances Margaret Otway: And I find that the said Defendants Robert Holford and Thomas Clarke Jervoise on the Fourteenth of February One thousand seven hundred and ninety-two proved the said Will of the said Sir Thomas Cave in the Prerogative Court of Canterbury: And I find that the Estates of which the said Testator Sir Thomas Cave died seized, and which were not included in the said several Indentures of Settlement herein-before stated, consist of the following Particulars; viz. the said Advowson of the Vicarage of Thedingworth in the County of Leicester, situate about Five Miles from the Town of Market Harborough, upon the High Road leading from thence to Lutterworth in the same County, consisting of a modern-built Vicarage House, and of Fifty-seven Acres of Land or thereabouts, of the yearly Value of Sixty-five Pounds, and of certain Money Payments arising from other Lands in Thedingworth and Hothorpe, amounting to Thirty-five Pounds Six Shillings and Sixpence, subject to the Life of the present Incumbent, aged Fifty Years or thereabouts, and to the annual Payments of Four Pounds Ten Shillings and Eight-pence for Land Tax, Forty Pounds for Curate's Salary, and Twelve Shillings for Procurations, &c. All which I humbly certify to this Court. W. W. PEPYS. Mr. Mr. Lewis stated, That he next proposed to prove the Baptism of Mary Cave. Then The Reverend BRYAN BURGESS was called in; and having been sworn, was examined as follows: (Mr. Lewis.) You are one of the Curates of Mary-le-bone? I am. What have you in your Hand? The Register of Baptisms of the Parish of St. Mary-le-bone. "August 4th. Sarah Cave, of Thomas and Sarah, born 2d ultimo." (Mr. Burgess.) I ought to mention, perhaps, that there does appear something like a Roughness under the Name of Sarah. [The Register was inspected by their Lordships.] The Counsel were informed, That it appeared to be written on an Erasure, and not in the same Hand as the Remainder of the Entry. The Witness was directed to withdraw. Mr. Lewis stated, That he had concluded the Evidence in proof of the Petitioner's Case, with the Exception of the Matters left for further Consideration and Inquiry. The Witnesses were directed to withdraw. The Counsel were directed to withdraw. Proposed to adjourn this Committee till after the Recess at Easter; Accordingly, Adjourned till after Easter. Rev. B. Burgess. No. 79. 2. Die Martis, 26° Aprilis 1836.. The Earl of SHAFTESBURY in the Chair. THE Order of Adjournment was read. The Minutes of the last Committee were read. The Counsel and Parties were called in. Mr. Attorney General stated, That His Majesty had been pleased to refer to him the Claim of Sir Percival Hart Dyke to the Barony of Braye, he being descended from Frideswide, one of the Six Sisters of the last Lord Braye; that it would become his Duty to examine the Claim, and in all Probability humbly to recommend that it should be referred to the House of Lords; that until that Claim was heard probably their Lordships would not desire that he should be heard on the Case; that there also appeared at the Bar Counsel for Sir William Boothby, who was supposed to be descended from the eldest Daughter. Mr. Kelly stated, That he was instructed to appear on behalf of Sir William Boothby, who had descended from the eldest Sister of the last Lord Braye; that Mrs. Otway Cave had stated in her Case, that the Right of Sir William Boothby to claim the Title was forfeited by Attainder; but that that Attainder had been reversed by Act of Parliament, and the descendible Quality of the Blood restored; that he was not instructed to claim the Title on behalf of Sir William Boothby, but to require that Mrs. Cave might be called upon to prove the Fact she had asserted, or that he might be let in to remove the Blot from the Pedigree, and to prove that the Inference of Law was unfounded; and, in that event, that sufficient Time might be allowed for Sir William Boothby to prepare a Case and collect his Evidence. Sir Harris Nicolas stated, That he conceived the Bill of Reversal had not the Effect contended for, in which he conceived he was supported by the Beaumont Case, reported in Cruise, Page 214. Mr. Lewis submitted, That Sir William Boothby could not be permitted to appear unless he first presented a Petition to His Majesty, and that was referred to this House; but was informed, that it was a constant Practice for Individuals to be permitted to appear in opposi tion to those who were Claimants, without themselves making a Claim. The Counsel were informed, That the Committee would not dispose of the Claim of Mrs. Otway Cave without hearing that Part of the Evidence on |