UPON the Death of Sir John Maynard , Four Wills were found in his House , and are now lodged in the Prerogative Court , the First bearing Date the Twenty eighth of September 1676. The Second bearing Date the Ninth of September 1686. and indorsed or writ upon by the said Sir John Maynard as his Will , the Twenty seventh of September 1687. The Third bearing Date the Sixth of February 1689. And the Fourth bearing Date the Twenty first day of March 1689. with a Codicil annext bearing Date the Tenth of July 1690.

The last Will , with the Codicil , has been proved by the Countess of Suss●x , Executrix thereof , in the Prerogative Court , and is admitted to be a good Will as to the Personal Estate , but as to the validity thereof for the disposal of the Real Estate , the Earl of Stamford , and Sir Henry Hobart , and their Wives , who are Grand-daughters and Coheirs at Law to Sir John Maynard , have opposed it ; and in an Ejectment in the Court of King's-Bench , upon a Special Verdict there depending , the Question is , Whether this last Will be a good Original Will , according to the late Statute made in 29 Car . 2. for preventing Frauds and Perjuries , because the said Sir John did not Sign ●… ill in the presence of the Three Witnesses ?

〈…〉 this Point should be determined , That it shall be a good Original Will , then there will after that arise another Point , Whether it be a ●… Revoking Will , upon the different penning of the several Clauses of the said Statute ?

●… e Heirs at Law oppose all the Wills .

●… he Two Wills dated the Ninth of September 1686. and the Sixth of February 1689. were not given in Evidence at the said Tryal ; and ●… e said Will of the Ninth of September 1686. there be several Parts of the Estate of the said Sir John Maynard , mentioned to be devised to ●… ur Daughters , and their Children , viz. Elizabeth , married to Sir Duncombe Colche●ter Knight , by whom She left Issue Maynard Colchester ●… er eldest Son ; Honora , married to Edward Nosworthy Esq ; by whom she left Issue Jane , now the Wife of Sir William Rawlinson Knight , ●… nt at Law ; Joan , married to Thomas Leigh of Adlington Esq ; deceased , who hath Issue John Leigh Esq ; her eldest Son ; and Martha , mar●… ●… o Edward Gresham Esq ; and also 400 l. per annum is thereby mentioned to be given to Elizabeth Maynard Widow , the Relict of Joseph ●… ard Esq ; for her Life ; and 50 l. per annum to the said Martha Gresham for her Life .

●… e surviving Daughters , and the Children of the deceased Daughters , set up the Will of 86. and pretend that it is not Revoked , unless ●… ill of 89. be a Revocation of it ; so that if Judgment should be given against the Heirs at Law , upon the said Special Verdict , That the ●… of the Twenty first of March 1689. is a good Original Will ; yet it will not thereby be established for setting aside the bringing of a Writ ●… or in the House of Lords upon that Judgment , the Will in 1686. will yet stand in the way , and there must be a new Tryal , and a new ●… al Verdict upon another Point , viz. Whether the Will in 1689. be a good Revocation of the Will in 1686. because Sir John Maynard did ●… gn the Will in 89. in the presence of the Witnesses ? And this seems to be a more difficult Question , than that now depending upon the ●… pecial Verdict .

Parties concerned either in the Will of 86. or in the Wills of 89. are come to an Accommodation , for the peace of the Family , and are ●… red that the Will of the Tw●nty first of March 89. shall st●● the onely Will in being ( the other Will of the Sixth of Febru 689. ●… much to the same effect , an● executed also in the same manner .

●… at the said Will of the Twenty first of March 89. should stand , is most agreeable certainly to the mind of Sir John ; and if upon the ●… t of a Suit either in Westminster-Hall , or in the House of Lords , upon a Writ of Error , the Wills in 89. upon the Construction of the said ●… te , should be adjudged to be no Revocation of the Will in 86. then it will follow . That the last Wills in 89. must be good for the Personal ●… e , and the Will in 86. must be good for the Real Estate ; which will be a great Inconvenience , because the disposal of the Personal Estate ●… Will of 89. has a reference to and a dependance upon the Real Estate ; and if that last Will of 89. shall not be good as well for the Real ●… tate as for the Personal , the Intention of Sir John will be subverted .

By the misfortune of Sir John's not Signing the Wills in 89. in the presence of the Witnesses , the Heirs at Law are let in to dispute the ●… alidity of both , and if either the Construction of it in Westminster-Hall , or the House of Lords be for them , then if the Will in 1686. be ●… evoked otherways , or be otherways defective , the Heirs at Law will have a Fee-simple , and be enabled with their Husbands , to dispose of the ●… eal Estate at Will and Pleasure . And if the last Will in 89. should be adjudged a good Original Will , yet those claiming by the Will of 86. ●… ill then controvert the Wills i● 89. and try it , as aforesaid , Whether the Wills in 89. be good revoking Wills ?

To take away these Disputes , his Act is agreed unto by all Parties concerned , and the Act is penned so as to make as little alterati● 〈◇〉 the 〈◇〉 ●… ill in 89. as m●y ▪

The ●dvantages given to the Heirs at Law for surrendring up their Petences , is , to have the settlement of the real Estate made over to ●… hem in the same manner during the Life of the Lady Suffolk , as it is appointed to be made after her decease by the late Will of 89. with the ●… ame Limitations of Estates , and with no variation , excepting an Estate for 99 years to the Earl of Stamford , if he so long live , who was not married in Sir John's life-time ; and had he then been married , would in all probability have had an Estate limited to him for his lie , as well as ●… ir Henry Hobart . And besides , In the last Will in 89 when the residue of the Personal Estate is appointed to be laid out in a Purchase , there ●… s a limitation of that new Purchase to the Husband , that Mary ( now Countess of Stamford ) should marry for his life , in like manner , with ●… ir Henry Hobart ; whereby it appears that Sir John's meaning was , That the Husband of the said Mary should be in equal condition with ●… ir Henry Hobart .

As to those claiming by the Will of 86. which are the surviving Daughters , and the Dscendents from the 12 Deceased Daughters ; there is ●… y the Act 4500 l. to be raised , to be distributed amonst them ; and Elizabeth Maynard , Widow of Joseph Maynard , Son of the said Sir John , is ●… o have 350 l. per ann. Rent charge , instead of her 300 l. per ann. limited to her by the Will of 89. and instead of the 400 l. per ann. limited ●… o her by the Will of 86.

These are the Computations made to those that claim by the Will of 86.

The Real Estate of Sir John Maynard being very considerable , and being subject to these Disputes , it is conceived that these Satisfactions gi●… en out of it to these several Pretenders , are such as the Countess of Suffolk ( the Executrix and Trustee of Sir John Maynard ) and the Heirs at ●… aw are by Council advised prudently to be assented unto , not so much in respect of the ease of the said Countess ( who has been ever since ha●… ssed with Suits ) as in respect of the advantage thereby accruing to the Real Estate of Sir John , which by these Disputes has suffered much , and ●… ery day like to suffer more .

What is given to take off these Pretences , is conceived to be not so much as the setling them in Law and Equity will cost , and what the ●… eal Estate will suffer in the mean time ; and when the uncertainty of the Event upon Trials at Law is considered , it must be thought that the ●… sterity of Sir John Maynard , to whom he designed his Real Estate by the said last Will of 89. will have no reason to complain .

These Satisfactions being given to so near Relations , and to extinguish all Suits between them , and being so inconsiderable in respect of the ●… eat Real Estate , from which they are taken ; and being in the consequence so advantageous to the Real Estate it self . This Act therefore ●… ill ●ut establish such an Agreement that is highly reasonable and prudent ; and that can be no other way done , but by the help of the Legisla●… e Power , by reason of the different Interests by the said several Wills .

The Countess of Suffolk is the only Person that sets up , and has defended the last Will in 89. and should she die before these Disputes ( viz. ●… hether it be a good Original Will , and whether it be a good Revoking Will ) be determined ; the Children of the Co-heirs , entitled to the ●… emainder by the said last Will of 89. will then suffer much more than they can by this Agreement . And besides , The poor Relations , who ●… ve Annuities by the said last Will , are in all events secured by this Act , though the Countess of Suffolk should die .