SIR Thomas Brereton Baronet ( a man weak of understanding ) being seized in Fee of , and in several Mannors and Lands in the County of Chester , was , when surprized with drink , in May 1666 , prevailed upon by John Warren , Esq a Barrester at Law , to execute a Deed of Settlement , which he had for that purpose drawn , and wherein he named himself , and his Father ( amongst others ) Trustees , whereby the Estate of the said Sir Thomas was setled to the use of himself for life , remainder ( as to a great part thereof ) to Theodosia his Wife , for her life , remainder as to the whole , to the Issue of his body , remainder ( for want of such Issue ) to Nathaniel Booth , and the Heirs of his body , remainder to the right Heirs of the said Sir Thomas for ever , with power of Revocation at any time , during his natural life , by paying of 12 d. to the said Trustees , or any of them , or to any other person or persons , for their use , with intent , purpose , and declaration to revoke the same , or the Uses , Limitations , or Estates thereby limited , created , or appointed , or any of them ; and should also by his Act or Deed in writing , under his Hand and Seal , executed in the presence of two or more credible Witnesses , revoke the same , then the same to be void .

Sir Thomas sometime after the execution of this Deed , taking consideration thereof , and what he had done thereby , resolving that Settlement should not stand , but to revoke the same , took the Deed ( which then he had in his own custody ) , tore of his Hand and Seal from off the same , declared it void , and flung it into the Fire , with desire to burn and destroy it ; but Warren being present , snatcht the same out of the Fire , carried it away with him , and kept it till after the Death of Sir Thomas , soon after whose decease the said Warren combining with the said Nathaniel Booth , to defeat the Apellants ( who are the said Sir Thomas his Sisters , Children , and his Heirs at Law ) of the said estate , sets up the aforesaid Deed , and pretends the same was not revoked according to the strict Letter of the Proviso therein for the purpose contained . Howbeit , Warren well knows , that Sir Thomas in his life-time , to wit , on the 10th of Feb. 1670 , conceiving and apprehending the Settlement aforesaid to be void , did execute one other Conveyance , drawn by him the said Warren , whereby part of the Lands setled on his Lady for her Joynture , were the same which were setled on her by the aforesaid Cancelled Deed , and sold other part of the Lands , so setled as aforesaid , unto him the said Warren , and others ; and ever after his cancelling the said Deed , did upon all occasions , whilest he lived , declare the Settlement thereby made to be void to all intents and purposes , that his Estate after his decease , should go to his right Heirs , and to no other person whatsoever ; sent several times to the said Warren , to desire him to send him the said Cancelled Deed , to the intent he might by perusing thereof , know whether any other Act ( by the Proviso therein contained ) were requisite by him to be done , for the more effectual making void of the same ; and often times the year before his Death , demanded it himself of the said Warren before Witnesses ; asking the reason why he delivered it not after so many times sending for ? That so he might revoke the same in such manner , as by the Proviso therein contained was required , in case the Cancelling thereof , as aforesaid , were not sufficient for that purpose . To whom Warren replyed , by asking Sir Thomas , why he troubled himself for the Deed , when he knew he had destroyed it , by tearing of his Hand and Seal , assuring him , That it was a void Deed , and promised to deliver the same when he could find it ? With which Answer Sir Thomas rested satisfied , believing what he said to be true : which he the rather gave credit unto ,

Because the said Nathaniel Booth was so well satisfied , that the said Settlement was void , that he himself several times after the Cancelling thereof , and not long before his Death , solicited him to Seal new Deeds , for setling the same Lands to the same uses mentioned in the said cancelled Conveyance , offered him money so to do . Which Sir Thomas refused to execute , adding , that the said Booth should never be a , farthing the better for his Estate ; avoided as much as he could his company for above a year before his Death , would never trust himself with him alone , because he once before attempted to do him some mischief , for refusing to execute some Deeds which he had prepared ready for his sealing .

Mr. Booth finding himself thus disappointed , that he could no way prevail with Sir Thomas to make any new Settlement for his advantage , did in April 1673 , procure a Letter from the Kings most Excellent Majesty , to the said Sir Thomas , wherein the King desired him to settle a part of his said estate on the said Booth ; which Letter being brought to him by a Noble Lord , Sir Thomas after a due consideration thereof , returned his Answer in writing to his Lordship ; wherein he writ , that he hoped His Majesty would not impose any such thing upon him , or enforce him to give his estate away contrary to his own inclinations ; adding , that he had nearer Relations than the said Mr. Booth to take care of .

About four Months after , to wit , in or about the Month of August , 1673 , Sir Thomas being sick , Mr. Booth came to visit him , and demanded to know his positive resolution , whether he would settle any part of his estate upon him , or not ? To which Sir Thomas reply'd , that he had long before given Answer to that matter , and would give no other , save only , that neither he nor his should be one farthing the better for his estate : and immediately after the said Mr. Booth was gone , Sir Thomas caused a Memorandum of such his Answer to be entred into his Almanack ; as also , that the Cancell'd Deed in Warrens hands was void , that he had often sent for it , but could not get it ; and made two persons then present , subscribe their Hands as Witnesses to the said Memorandum .

Sir Thomas resolving not to trust himself near the said Warren any longer , left Cheshire , went to a Lawyer in Worcestershire ( to whom he was a stranger ) , gave him instructions to draw a Settlement for him of all his estate then unsold , named the Lands , the Trustees , and to what Uses , and directed the making his Will , nominated his Lady to be his Executrix . And in all these instructions Mr. Booth not so much as mentioned ; but Sir Thomas falling ill , had a mind to return to his own House in Cheshire , and did not execute the same . But the draft of his Will was brought to him , and he approved thereof , and declared that he would come and perfect the same with the Settlement at the Lawyers house , but dyed before the doing thereof .

Sir Thomas afterwards on his Death-bed declared , that all his estate should go to his Heirs at Law , and to no body else ; and that the aforesaid Warren had got the Cancelled Deed aforesaid into his hand , which he executed when he was in drink ; that he had long since tore off his Hand and Seal from the same , and that it was void , and he had oftentimes sent for it , but could never get it ; but if ever he liv'd to go into Cheshire , he would run his Sword into the Rogue Warrens guts if he did not deliver it : and this not above seven days before his Death , which hapned in January 1673 , at the Lady Dudlyes House in Staffordshire .

Sir Thomas likewise declared at his departure from his House , that it was a great trouble to him , that he must be forc'd to go dye out of his own House to save his estate ; for that Warren had been with him , and brought some Bottles of Sack , and told him , that he and Mr. Booth would come the next day and visit him , and drink them out ; no sooner was he gone , but Sir Thomas told his Servant that the said Warren and Booth designed him a visit the next day , and to make him drunk , and get some Settlement of his estate from him ; but he would prevent them by going to the Lady Dudlyes before they came ; which accordingly ( though very ill ) he did do ; with which when they came , they were greatly surprized , and very angry thereat .

And the said Warren at the Funeral of Sir Thomas , confessed he had preserved the Deed of Settlement of his estate for the said Mr. Booth , which Deed he declared Sir Thomas had sealed , but afterwards Cancelled , and thought thereby he had made the same void , but was mistaken ; adding , that Sir Thomas had often endeavoured to get it from him ; but he kept it , and put him off with excuses , making him believe it was void , and that he had lost it , which Sir Thomas believed ; but now he would set it on foot for Mr. Booth .

Some years after the Death of Sir Thomas , the Lady Theodosia his Relict , gave the Appellants notice of the pretended Deed aforesaid , and that the Respondent Booth intended to make Claim thereby , but declared that she knew the same was surreptitiously gotten from Sir Thomas , and that he thought by Cancelling thereof he had made it void ; and although she had a greater estate thereby , than by her last Deed , yet she would not claim any thing under the same for the Reasons aforesaid .

The Appellants heteupon as Heirs at Law to Sir Thomas , exhibited their Bill in Equity against the said Nathaniel Booth , and one John Brereton , to discover the said Deed , and the Contents thereof , and to have the same delivered up , or otherwise destroyed .

To which Bill the said Nathaniel Booth put in his Answer , set forth the said Deed ; and that Sir Thomas had executed the same , but afterwards had torn off his Hand and Seal , but had not thereby made the same void , he not having exactly pursued the power of Revocation to him therein reserved ; Therefore claimed an estate Tail in the Lands in question , after the Death of the said Dame Theodosia .

But the Defendant Brereton by Answer , sets forth , that there was such a Settlement , as aforesaid made by Sir Thomas , who afterwards cancelled the same , and declared it void , and always thought it to be so ; and therefore he disclaimed any Interest or pretence to the Annuity given ( and setled upon ) him for his life by the said Deed ; and that the Plaintiffs as Heirs at Law ought to enjoy the same .

Their Answers being put in , Issue was joyned , Witnesses examined , Publication past , and the Cause coming to Hearing the 18th day of February , 1678 , before the Right Honourable the Lord High Chancellor of England , his Lordship notwithstanding all the matters aforesaid , and many others of the like nature were fully proved , yet contrary to all Equity , dismissed the Appellants Bill ; when as in Justice he ought to have Decreed the aforesaid Settlement void , and to have granted a perpetual Injunction against the Respondent Booth his Proceedings thereupon . By which Dismission , the Appellants being agrieved , they humbly Appeal from the same , to this most Honourable House , the Supreme Fountain of Justice within this Kingdom , Praying to be heard , to the intent they may receive Relief agreeable to the Justice and Equity of their Cause .