HLRO Private Acts of Parliament 15 C2 n 35 ; 31 C2 n 2
Whereas Sir Francis Drake baronet deceased, uncle of the now Sir Francis Drake baronet, on or about the tenth day of April in the thirteenth year of his Majesties raigne by his last will in writing then made and published and after his decease proved and registered in the Prorogative court of Canterbury did give and devise the manor of Yarcombe Sherford and Knightshayes and all other his lands tenements and hereditaments in the cos of Devon and Cornwall in such manner that for default of issue of his body they shouold come and be unto the above named Sir Francis Drake his nephew and heyre apparent being the sonne of Thomas Drake esq then deceased the next eldest brother of the said Sir Francis and then an infant of the age of 15 years for an during his life with power to make and settle joyntures and provisions out of the said estate for any such woman as should happen to be the wife of the said Sir Francis Drake and for his daughters and younger children the remainder to the 1st, 2nd, and every other son of the said Sir Francis the nephew in tail successively according to their seniority remainder to John Drake Esq who was the third brother of the said Sir Francis the uncle with diverse remainders over making Sir William Stroode, knight, William Davy esq and the said John Drake , executors of the said will and giving them or such one of them as should take upon him the executorship power by that will to make leases of such his lands as then had been usually demised and also subjecting and changing all his lands to raise money for payment of his debts and legacies amounting unto above £,2000 and afterwards, the 6th day of January died without issue. And whereas after his death the said Sir William Stroode and John Drake proved this will and took upon them the executorship and the personal estate being of small value in persuance of the will made diverse leases and also entered upon other lands and therof took the profits for diverse years and the moneys thereby risen or levyed paid according to the will in discharge of debts and legacies and likewise the said Sir Francis the nephew conceiving himself to have lawful power and authority to settle a joynture and make provisions for daughters and younger children upon his marriage with Dorothea his lady since deceased daughter of Sir John Bampfield baronet deceased,. In consideration of his said marriage and of £1,500 marriage portion became obliged to settle a joynture and provsion for daughters and younger children out of the said estate . But so it is after all these things thus transacted and done a settlement made after the sealing and publishing of the said will by deed indented dated the 4th day of September in the same 13th year of his Majestys reign made by the said Sir Francis the uncle betwixt him the said Sir Francis of the one part Sir William Stroode knight Walter Young esq and William Davy esq of the other part sealed and executed by the said Sir Francis some weeks before his death is discovered and produced whereby the aforementioned whole estate and premises were by the said Sir Francis the uncle settled for want of issue of his body upon the said Sir Francis the nephew for life remainder to the 1st, 2nd, 3rd, 4th, 5th, 6th and 7th sons of the said Sir Francis the nephew in tail successively according to their seniority and for default of such issue upon the said John Drake esq for life with like remainder to his 1st 2nd, 3rd, 4th, 5th, 6th and 7th sons successively in tail remaider to William the 4th brother of the said Sir Francis for life with the like remainder to his sons in tail successively remainder to Joseph Drake 5th brother of the said Sir Francis for life with like remainder to every one of his sons successively in tail remainder to the right heires of the said Sir Francis Drake the uncle for ever by reason whereof the aforementioned leases and all that was done in pursuance of the last will by the said Sir William Stroode and John Drake is voidable and subject to question and the said Sir Francis disabled to perform his obligations to make a joynture and provision for children and the whole estate discharged from the payment of the Debts and legacies whereby many suits and mischiefs are like to arise in the said family for preventing whereof and so that the said Sir Francis Drake has already paid the residue of the debts and legacies and is willing to approve what the said Sir William Stroode and his said uncle John Drake have already done and hath agreed and undertaken so to do so as a provision may out of the said estate be made for his wife and younger children, And for that the said John Drake William Drake and Joseph Drake the uncles are all willing and agreeing thereunto May it please your most excellent Majesty that it may be enacted. And be it enacted by the Kings most excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled And by the authority of the same That all and every lease and demise in possession or reversion made by the said Sir William Stroode and John Drake esq according to intent and meaning of the said last will and testament of the said Sir Francis Drake deceased, shall be as firm good and effectual in law and so shall be taken esteemed and adjudged to be to all intents and purposes against them the said Sir Francis Drake , John Drake , William and Joseph Drake and their sons and children and their heirs and assigns and all and every person and persons having claiming or deriving any estate title or interest from by or under the before mentioned settlement as if the said will as to the power of making leases or estates therein mentioned had been and continued good and valid and the settlement made after the sealing and publication thereof had never been had or made And that every person and persons now or hereafter having the next estate in reversion or remainder depending upon any such lease shall have such remedy and advantage of all reservations rules covenants agreements and conditions in such lease comprised as if he had been leassor or party or privy to the said lease And moreover that it shall and may be lawful for the said Sir Francis Drake the nephew and he is hereby authorised and impowered to settle joynture and make provisions for his daughters or younger children in such manner and is thereafter expressed That is to say that it shall and may be lawful to and for the said Sir Francis Drake the nephew by any deed or writing under his hand and seal or by his last will in writing in the presence of three or more credible witnesses subscribed and sealed from time to time to limit or appoint to any wife or wives that he shall marry during her life for her joynture and in lieu and bar of her dower or thirds any part of the estate which was Sir Francis Drake the uncles or any part or parcel of the said Capital Mansion house barton and demesne lands of Buckland not exceeding the clear yearly value of two hundred pounds per annum or otherwise two hundred pounds per annum rent charge to be issuing out of and charged upon the said barton or any part thereof And further that the said Sir Francis by any deed or writing or his last will in writing by him sealed and subscribed in the presence of three or more credible witnesses shall or lawfully may at his will and pleasure give limit and appoint that if the said Sir Francis happen to die without issue male of his body living at the time of his death leaving one daughter and no more then unto such daughter £2,000 or under at his pleasure If leaving more daughters than one then to every such daughter £1,000 a piece (or less at his pleasure ) so as in the whole the sum do not exceed £5,000 But if the said Sir Francis leave at the time of his death issue male then if not more than three children besides his issue male the sum of £2,000 to be distributed as he shall appoint amongst them but in case more than three such children then £500 a peice for each such child and shall and may appoint and limit by such his last will or writing the manner and times for payment of such sums and how and in what manner the same shall be raised out of the said manors estates and premises or any part or parcel thereof except the said capital messuage barton and desmesnes of Buckland by making or granting leases or estates or perceptions of profits or otherwise as to him shall seem best and shall and may likewise by such deed will or writing from time to time appoint and nominate trustees and persons such as he shall think fit and according as he shall so direct to whom he may give power for making leases taking the profits or limit any estates or terms for years and purposes as aforesaid And that the said estates rent charges provisions powers and authorities so committed directed or appointed shall be good and effectual in the law to change and guide the said estate to the intents and purposes aforesaid against all and every the sons of the said Sir Francis Drake , the said John Drake , William Drake , and Joseph Drake and every of their sons and heirs and assigns of them or any of them and every other person or persons claiming or deriving from by or under the aforementioned settlement made by the said Sir Francis Drake the uncle Provided always and it is hereby declared that if the said Sir Francis Drake shall happen to have any wife that shall survive him upon or to whom or fo whose use he shall have settled or made any provision for her maintenance after his decease by virtue of the power to him given by this act that then and in such case the said Sir Francis shall not have any power by virtue of this Act to charge the manor of Newhouse in the co of Cornwall and the manor of Sherford in the co of Devon or either of them in any part or parcels thereof with the payment of any sum or sums of money for any child or children of him the said Sir Francis but that then and in such case the said two manors and every part thereof shall remain and be in the same state and condition as if this Act had never been had or made Provided always that this Act or any thing therein contained shall not extend unto or be in any sort hurtful or predjudicial to the estate title claim or interest of the Kings most excellent Majesty his heirs successors or of any body politic or corporate or of any person or person but only the said Sir Francis Drake the nephew John Drake William Drake and Joseph Drake and the first second third and every the sons of their bodies respectively and the respective heirs males of every such son and as to them no otherwise to their prejudice then only for making good the leases joyntures estates and provisions before mentioned Provided likewise that if the person or persons that is or shall be next in reversion or remainder shall pay to the trustees or person or persons intrusted for the portions of such daughter child or children the same or sums so to be given limited or appointed that then the estates and powers for raising of the same shall from thenceforth cease determine and be void .