THAT the Respondent Anne was the Daughter of Sir William Caley , Baronet , and was about 1667. Married to Mr. Christopher Hewley , late of York Draper , who was then a Widower , and about the Age of Fifty years , and the Respondant Anne was then of about the Age of Twenty years .

That there having been several Treaties concerning the said Marriage ( before the same was had ) : At length it was concluded and agreed upon between the said Christopher Hewley and the Relations of the Respondant Anne , That in consideration of the said then intended Marriage , and of the Portion which the Respondant Anne was to have , ( and which afterwards the said Christopher Hewley had and received ) the said Christopher Hewley was to settle upon her ( for her Joynture , and in satisfaction of her Dower ) Lands , Tenements , and Hereditaments of the clear Yearly value of One hundred and Thirty Pounds for her Life ( in case the Marriage took effect , and she survived him . ) Which Agreement was reduced into Articles under Hand and Seal .

That pursuant to the said Agreement and Articles ( and in part of performance thereof ) the said Christopher Hewly did ( at first ) settle some Lands accordingly , but not of near the Yearly value of what he had agreed so to Settle : However the said Christopher Hewley ( to enable him to perform his said Marriage Agreement ) afterwards purchased other Lands , and ( in completion of his said Agreement ) Settled those Lands also , upon the Respondant Anne in full of her Joynture , as he ought to have done . All the Lands Settled upon the Respondant Anne for her Joynture being about One hundred and thirty Pounds per Annum , or under .

That the said Mr. Hewley had Issue ( by the Respondant Anne ) Two Daughters , Viz . The Appealants Dorothy and Anne , and no more Children , and died about Twenty years since : But the said Mr. Hewley ( before his Decease ) duly made and published his last Will and Testament in Writing , ) Dated the Seventh of August 1670. ) Wherein he mentions and expresses the respective Annual Values of the Premisses to be ( in all ) One hundred and thirty Pounds per Annum , and that he had before that time settled and Estated all the said Premisses on the Respondant Anne for her Joynture , which though there had been no such Settlement made , had been a good Request at least in Conscience , and gave several Legacies . And the residue of his Goods , Chattels , and Personal Estate ( after his Debts , Legacies , and Funerals paid and discharged ) he thereby gave to the Respondant Anne whom he made his Sole Executrix ; and after his Death she proved his Will , and paid his Debts and Legacies , and afterwards the Respondants Intermarried .

That ever after Mr. Hewley's Death the Joynture-Lands were quietly enjoyed until the now Appealant was instigated to give the Respondants disturbance by bringing Ejectments at Law for recovery of a Moiety of the Joynture-Lands , as she was the one of Mr. Hewley's Daughters and Co-Heirs , upon supposition , that no such Will was made , or that the said Christopher Hewly was Non compas Mentis , when he made it . To and in which Suites at Law the Appealant was the more encouraged , for that either she or some for her had the said Marriage-Articles , and Joynture-Deeds , or well knew that they were lost , or that the Respondants had not the same nor could produce them , for relief against which Suits at Law , and to have the possession of the Respondant Anne Joynture settled , the now Respondants Exhibited their Bill into the Honourable Court of Chancery .

In which Suit in Chancery it was so far proceded , That the Cause was Heard the Two and Twentieth day of November 1689. And then solemnly debated by Counsel on both sides , and it was there then Decreed , that the now Respondant Anne should hold and enjoy her said Joynture-Lands for her Life , but not to commit Wast . Which Decree is signed and inrolled . That , albeit the Respondant Anne was in no wise obliged thereunto , she ( freely and voluntarily ) gave and secured to the Appealant and her Sister Five hundred pound , to be paid to them respectively in Moieties at their respective Ages of Twenty one years or days of Marriage , which will be paid accordingly , and though the Respondants expected to have had an Allowance out of the same for the Maintenance and Education of the said Daughters ( as for so much as the Revenues of their other Lands and Estate would not extend to satisfie ) Yet ( by a late Decree in the said Court of Chancery ) they are not to have any other Allowance for such their satisfaction , than what hath been raised out of the Revenues of the said other Lands , whereby the Respondants will be great losers , they having for many years with great Care and Tenderness ( and at considerable Charges and Expence ) Maintained and Educated the Appealant ( till she was perswaded to leave them ) and her Sister .

That the validity of Mr. Hewley's said Will and his being of sane Memory , hath been already judicially determined by proving the same in the Court Ecclesiastical , as also in a Tryal at the Common-Law , where as well the due Making , and Publishing of the said Will , as the said Mr. Hewley's Sanity of mind at the making thereof , were particularly insisted upon and controverted , and the Will , and the Testators Sanity of mind ( by sufficient Evidence ) proved , and albeit ( at the said Tryal at Law ) a Special Verdict was found ; yet therein the said Will was admitted .

And at the Hearing of the Cause in Chancery , all the Suggestions in the Petition were fully enquired into and examined .

As for the Custom of the Province of York , the Respondants claim nothing thereby , nor can the Appealant claim any thing thereby as these Respondants are advised .

Whereupon ( and upon consideration of the whole matter ) the Respondants humbly implore your Lordships to be Dismissed , and to have their Costs accasioned by this Appeal , and that the said Decree may be confirmed by your Lordships .