| Content Description | Cause heard before the Lords Commissioners for the Custody of the Great Seal of Great Britain.
Plaintiff: William Holles [Vane, 2nd] Viscount Vane.
Defendants: Henrietta [Holles], Dowager Duchess of Newcastle [under Lyne], Thomas Lord Pelham, Lady Catherine Pelham, James West, Henry Duke of Newcastle, Henry Fiennes Pelham Clinton Earl of Lincoln, Lewis Lord Sondes[?] and his wife Frances Lady Sondes[?], Frances Pelham, Mary Pelham, Henry Earl of Dartingdon, William Lord Boston and William Henry Cavendish Duke of Portland.
Recites terms of the will [details provided] of John, late [3rd] Duke of Newcastle [upon Tyne] proved in July [1711], the goods and chattels were granted to the surviving executors; agreement was reached concerning the division of plate [gold and other precious metals, of which an inventory was made] and the estate, and an Act of Parliament was passed dated 4 George I [1717-1718] to render the agreement more effectual; it was further enacted that anyone who was seized of property by virtue of the will should have full power to surrender any such lease so that they might be renewed and that the renewed leases should be enjoyed by those entitled to them; recites that under the limitations of the will, the plaintiff is seized of the estate and plate as the 'first person in else', subject to the contingency of Thomas [Pelham] Holles, [1st] Duke of Newcastle [under Lyne] and Henry Pelham dying without male issue.
The plaintiff claims Thomas Holles and Henry Pelham induced him to join with them in suffering recoveries of properties for barring the estates tail, and so for the monetary consideration described he entered into a bargain and sale dated 17 Nov. 1741; the plaintiff charges that it was understood at the time that as part of the consideration, he would retain his interest and title in the copyhold and leaseshold estate and the plate.
The Commissioners order that the plaintiffs bill be dismissed, that the plate belongs to the defendants named; orders also that the Master should enquire which of the leases for lives were renewed by Thomas [late Duke of Newcastle] and which of the lives were living at the time of his death, and all parties are to produce any relevant deeds for examination by the master; the consideration of all further directions to be reserved until after the Master's report.
Document dated 6 Dec. 11 George III [1770] |