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The CASE of John Viscount Grandison, in Relation to the Bill now depending in this Honourable House, for Settling the Estate of Katharine Fitz-Gerald Villiers, his Mo∣ther, &c.
THE said Katharine being Married to Edward Fitz-Gerald Villiers, Esq;, Eldest Son of George late Viscount Grandison, Anno 1685. with the said Edward, by Fine and Deed settled her own Estate in Ireland, to the use of the said Edward for Life, with Remainder to her self for Life, Remainder to her Sons by him successively in Tail Male, with a Power in the said Settlement for the said Edward by his Last Will, or other Instrument in Writing, to direct Trustees named in the said Settlement, to raise by the said Estate any Sum not exceeding Twelve Thousand Pounds Sterling, for the better Provision for the said Katharine, and Portions for his Younger Children; pursuant to which the said Edward by his Last Will, Anno 1691. did Devise that the said Trustees should raise Two Thousand Pounds apiece for his Younger Son and his Four Daughters, who are still living, and Two Thousand Pounds for the said Katharine his Wife; and soon after the said Edward Died, the said Katharine having neither Joynture or Dower of any Estate of the said Edward's.
Hellen Countess Dowager of Clanricard, the Relict and Second Wife of the said Katha∣rine's Father, having for her Dower enjoyed a third part of the said Katharine's Estate so settled as aforesaid, the said Katharine, for the Benefit of the said now Viscount Grandison, and by the Advice and Concurrence of his nearest Relations by his Father, for 4000 l. which she borrowed at 8 l. per Cent. Interest, purchased the said Countess of Clanricard's Dower, intending the surplusage of the Rents, above the Interest-Money, to be a present Maintenance for the present Viscount Grandison, now Sixteen Years of Age, and otherwise totally unprovided.
After which purchase made, the Fine, which was the Foundation of the said Settlement made in 1685. was by Writ of Error Reversed; and thereon the said Katharine, for ma∣king a Provision for the Lord Grandison, and other her Children, is contented, and de∣sirous that this Bill pass, which is no way for her own advantage, but purely that all her Chil∣dren may be provided for, as was intended by the Settlement in 1685. and their Father's Will, and to prevent all Quarrels hereafter among them concerning the same.
In this Bill there is a full General Saving of the Right of all Persons whatsoever, other than the said Katharine and her Children, who alone are concerned in this Act.
Notwithstanding which, John Bargiter, and others, Creditors of the said Edward Fitz-Gerald Villiers, endeavour to hinder the passing this Bill, unless a Clause may be added to it, for charging the Estate of the said Katharine with their Debt due from him, to which that Estate is not subject, either in Law or Equity. Nor had he any Power whatsoever to Charge the same, otherwise than for his Wife and Younger Children, but not for the Payment of his Debts. And although it is recited in the Security made by the said Edward, for the Debt claimed by the said Bargiter, and others, that he had by a Settlement Dated the _____ _____ Day of February, 1685. Power to Charge that Estate for Payment of his Debts, yet that mis-recital could not inlarge his Power; and 'tis plain by that Security, that the Person that Lent the Money, rely'd on the said Edward's Bond, and Interest of Ten Pounds per Cent. and not of Security of the Land; having never seen the Deed of Set∣tlement, which was his own fault; and therefore if he was deceived, it was because he would be so, and would not look whether in the Settlement there was any such Power.
The Petitioners were heard by their Council before the Committee, who were fully sa∣tisfied there was no reason to put them in a better Condition than they would be, if this Bill should not pass, and to Charge the Estate by Act of Parliament with Debts that do not affect it either in Law or Equity.
In regard therefore such Right as the Petitioner had, is fully Saved to them by the Sa∣ving in the Act, it is humbly hoped that the said Bill shall pass.