That by Indenture Dated the 13th Day of May , 1678. between the Appellant and Thomas Lord Viscount Colchester his Son Deceased of the First part , the Honourable John Savage and Robert Pickering Esqs ; of the Second part , the Defendants the Earl of Derby and Earl of Strafford and John Gronham How , Esq ; and Robert Hyde Gent ' both Deceased of the Third part , and a Fine and Recovery Levyed and Suffered , The several Mannours of Chich , St. Osith , Great Clacton , Little Clacton , and divers Messuages , Lands and Tenements in the County of Essex were setled on the said Lord Colchester for Lise , and after of part thereof to the Lady Charlotte his Wife for Life , Sister of the said Earl of Derby for a Jointure , and after to the first Son of the said Lord Colchester on the body of his said Wife in Taile Male remainder to the 2 , 3 , 4th , and all other the Sons of the said Lord Colchester on the body of his said Wife remainder to the said Thomas Earl Rivers in Taile Male with divers remainders over .

That in the Settlement there is a Provisoe , That in case the said Lord Colchester should Die , leaving no Issue Male on the Body of his said Wife , and the said Mannours and Premisses should come to any other Heir Male of the said Lord Colchester by any other Wife begotten , or any other person or persons by Virtue of any the Uses , Limitations and Appointments therein mention'd . And that there should be any Daughter or Daughters of the said Lord Colchester on the Body of the said Lady Charlotte begotten living at his Death , That the said Earl of Derby , Earl of Strafford , John Grobham How , and Robert Hide and their Heirs , should stand seized of all and every the said Mannours , Messuages , and Premisses , except those Limited to the said Lady Charlotte during her life , and after of those likewise to the intent the said Daughter and Daughters may receive and take the Sum of 10000 l. out of the Rents and Profits thereof to the use of such One Daughter if but one , if more equally to be devided amongst them , together with the several Sums of 1000 l. apiece for the maintenance of such Daughter and Daughters until payment which is mentioned in the Deed to be intended for their Portion and Portions respectively .

That the said Lord Colchester dyed in October 1679 , leaving only one Daughter , to wit , Charlotte Katherine Savage , and thereby the said Earl of Derby and Trustees became intitled to the said Mannours and the Rents and Fines of Copyholders thereof , and divers Woods in trust for raising the said 10000 l. and a 100 l. per ann. maintenance , and one John Richardson Husband of the Defendant Elizabeth was imployed under the said Trustees for 5 Years ending at Michaelmas 1684 , in which time was raised 800 l. and Thomas Munne for 2 Years whereby was raised 500 l.

The said Charlotte Katherine Savage Daughter of the said Lord Colchester died , being of the Age of 17 and no more , 31. of March , 1687. unmarried , and thereby the Monies already raised ought to be paid to the said Earl Rivers , being next in remainder , and the residue of the said 10000 l. ought not to be raised , but sink into the Inheritance , it being declared by the Settlement to be intended for her Portion , and the Trustees ought to convey to the said Earl Rivers , and the said Charlotte Katherine Savage had no power to dispose of the said 10000 l. as she did by her Will , thereby giving 3000 l. to the Earl of Derby : To her Mother 3000 l. To the Lady Charlotte Murray 8000 l. And other Legacies , in all 16350 l. although she had no other Estate than this Portion of 10000 l. and Constituted the said Earl of Derby her Executor , for which end the said Earl Rivers Exhibited his Bill in the Chancery ,

That the Earls of Derby and Strafford did put in their Answers , and thereby set forth the said Settlement and Power therein for raising the said 10000 l. and 100 l. per Annum Maintenance till Payment , and set forth and Confess the Death of the said Lord Colchester , and that his Daughter Charlotte Katherine Savage died , being 17 Years and a Month Old , having made her Will and given such Legacies as above , and they insist that the said 10000 l. may be raised and disposed of according to the said Settlement , and the last Will of the said Charlotte Katherine Savage .

And the said Mr. Munne by Answer Confesseth he was Receiver : And Mrs. Richardson by Answer Confesseth her Husband was Receiver of the Lands set apart for raising the said 10000 l. and are willing to come to Accompt and pay what is in their hands , as the Court did Direct .

That the Cause was heard on the Bill and Answers , the 18th . day of July last , before the Lord Chancellour , who dismissed the Bill , and since the said Mr. Munne and Mrs. Richardson have paid what they Received to the said Earl of Derby and Earl of Strafford .

FROM this Dismission the Earl Rivers hath Appealed to the Lords in Parliament , that the Portion of 10000 l. may not now be raised , the young Lady being Dead so Young and Unmarried , and it being declared to be her Portion , there is no occasion to raise the same , but it ought to sink into the Inheritance , which is agreeable to former Judgments given by their Lordships in like Cases .