Letter – Nicholas Walton – 22 May 1741

To the right honourable the Lord Comissioners of his Majesty Treasury The Memorial of the most noble Charles Duke of Richmond & honourable James Brudenell Esqr. Sheweth



[in margin:] Lease & Release of 18 & 19 Jany 1716

That the honourable William Radcliffe Esqr. Uncle of the late James Earl of Derwentwater by Indentures of Leases & releases made between him of one part & Ralph Radcliffe of London Merchant of the other part in Consideration of £3500 conveyed to Ralph severall Lands & prem[ises] therein particularly mentioned of about the yearly value of £250  & also £200 a year which was payable to the Said William during his Life out of the estate of the said Earl To Hold the same to Ralph his heirs & Assigns during the life of the said William. Ralph did not pay the consideration money but instead thereof gave then to William his bond in the penalty of £7000 for the payment of £3500.



[in margin:] 25 June 1719

That the said William was then seized in fee of the said Premisses

That by a deed pole executed by the said William to Ralph first reciting the said bond & that William had since the 19th Janry 1716  Agreed with Ralph to accept of the Yearly sum of £450 to be paid by Ralph to the said William during his life in full payment satisfaction of the said bond & of All moneys thereby secured & that upon payment of the said £450 a year by half yearlkyt payments the said bond was to be void. And that William his Ececutor or Adm[inistrator]  should not put the said bond in Suit untill default should be made of payment of the said yearly sum of £450.

That soon after the date of the said deed poll the said William left Englanbd and went to and did reside at Rome till the time of his desease.

That it appears by Several Letters wrote by Ralph to William at Rome that notwithstanding the aforesaid deeds Ralph accounted withg William for the rents & profits of the aforesaid Lands & premisses & also for the said £200 Annuity whereby it appears that the said deeds only collourable & that Ralph was William’s Trustee & Agent.

That Ralph never paid the said bond or any part thereof.

That incase the said deeds were not colourable ralph had only therby an estate in the prem[iss]es during the life of William.  



[in margin:] 26 Oct 1732 O[ld] S[tyle]

William dyed at Rome a Batchelour  without issue having first made his will in writing bearing date the 24th day of July 1730 N[ew] S[tyle] and thereby devised & bequeathed all his reall & personall estate (saving a few Legasys) to James Radcliffe by the name of Lord Kinaird Eldest Son of the said Williams Nephew Charles Radcliffe & there is in the said Will the following clause Viz: I leave to Mr Ralph Radcliffe of London, Merchant the sum of £3500 Ster[ling] which he owes me by his bond. And my will is that my Executors do deliver up unto said Ralph Radcliffe his said Bond & that at the same time he shall give to my heir the possession of my land which he holdeth.

That the said Will was drawn by a notary Publick at Rome & executed in the presence of him & two other witnesses but they have not Subscribed their names as Witness thereto which was according to the Law of Rome.

That Ralph has been Applyed to on the behalf of the said Lord Kinaird  (who is an infant) to be lett into possession of the premisses & to be paid all the rents & profitts thereof which have accrued due & been received by Ralph since the Death of William.

That Ralph has refused to comply theirwith under pretence that the will was not Legally executed by William there not being three subscribing witnesses thereto for want of which Ralph insisted that said infant is not intitled to the premisses or to the rents & profitts thereof.

That the said Ralph hath ever since the death of William Possessed the said premisses & rec{eiv]ed the rents & profitts thereof.

That in Case the prem[iss]es do not pass by the said will its apprehended that the Crown is intitled thereto For James late Earl of Derwentwater deseased was the said Wms Eldest Nephew & would have been his heir at Law had he survived William

That the said Earl was attained of High Treason all his Estate forfeited to the Crown & he dyed in the year 1716

That the said Earl left a Son & a Daughter the son dyed a minor & the Daughter is now the Lady of the right hon[our]able the Lord Peter who its apprehended cannot take the said prem[is]es as heir at Law of the said William by reason of the attainder of the said Earl her Father .

That in regard it was the intention of the Testator  William that the prem[iss]es should go to the infant And that their not being three subscribing Wittnesses to his will was owing to the Testator’s ignorance of the Laws of England relating  to wills

Wherefore your memoriallists hope your Lordships will be Pleased to use your intercession with his most Gracious Majesty for his Grant to your Memorialists of the Prem[iss]es & of the rents & profitts thereof since the death of the said William.  

 

Richmond Lenox Aubigny

Ja: Brudenell

Whitehall Treasury Chambers 31st Augst. 1739

The Right hon[our]able the Lords Commi[ssioner]s of his Majestys Treasury are Pleased to referr this Memoriall to his Majesty’s Attorney & Sollicitor Generall who are to consider the same & report to their Lordships a State o0f the Memorialists Case with their Opinion what is fitt to be done therein. J Scrope



The right hon[our]able the Lords Commi[ssioner]s of his Majestys Treasury having referred to our Consideration the Memoriall of the Most noble CVharles Duke of Richmond & the hon[our]able James Brudenell Esqr praying their Lordships will be pleased to intercede with his Majesty for his Grant to the Memorialists of the lands rents and profitts mentioned in the said memoriall We Appoint Monday the 14th of July next at 7 O’Clock inj the afternoon at Attorney Generalls Chambers in Lincoln’s I(nn to Consider the said memorial of which lett all persons concern’d have notice forthwith. Dated this 27th day of June 1740  D. Ryder J Strange



An Examind Copy Sent the Board May 22d 1741  W & B