An Act For the Better Execution Of the Last Will and Testament of Richard Cantillon Esquire, Deceased, and For Other Purposes Therein Mentioned. [London? s.n 1735]
Localisation : University of London Library

Goldsmiths'-Kress library of economic literature, no. 7296.

 

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An  ACT for the better Execution of the Last Will and Testament of Richard Cantillon, Esquire, deceased, and for other Purposes therein mentioned.
 
hereas Richard Cantillon, of the Parish of Saint George Hannover-Square, in the County of Middlesex, Esquire, departed this Life on or about the Four teenth Day of May, One thousand seven hundred and thirty four, possessed of, and entitled unto, a Personal Estate of a very considerable Value, in the Kingdom of Great-Britain, and in several Parts beyond the Seas, leaving Issue only one Daughter, Henrietta Cantillon, who is now an Infant of about the Age of Six Years.
 
And whereas the said Richard Cantillon, by his last Will and Testament in Writing, bearing Date on or about the Twelfth Day of July, One thousand seven hundred and thirty two, after the Yearly Provision therein made for his Wife Mary-Anne Cantillon, during the Term of her Natural Life, and giving several specifick Legacies to his said Daughter, Henrietta Cantillon,
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and appointing a certain Yearly Sum for the Maintenance of his said Daughter, did declare his further Will to be, That out of his Money, Estate, or Effects, when cleared from the Law-Suits and Demands then depending, should be paid the several Pecuniary Legacies, amounting in the Whole to the Sum of Eleven thousand two hundred Pounds, or thereabouts; and also in the mean time the several Yearly Payments or Annuities therein mentioned to several of the said Legatees; and all the Rest and Residue of his said Estate he gave and devised to his said Daughter Henrietta, in manner therein mentioned; and of his said Will constituted and appointed Joseph, late Lord Baron Micklethwaite, Viscount of Portarlington, in the Kingdom of Ireland, since also deceased, and Francis Garvan, of the Middle-Temple, London, Esquire, Executors.
 
And whereas the said Lord Viscount Micklethwaite died in the Lifetime of the said Testator.
 
And whereas Francis Garvan was so named Executor of the said Will, without his Privity, Knowledge, or Consent ; and upon the Decease of the said Testator, Richard Cantillon, declined to take upon himself the Burthen and Execution thereof, but hath ever since the Death of the said Testator, used all his Endeavours, that Letters of Administration, with the said Will annexed, might be granted to the said Mary-Anne Cantillon, and such other Persons, as might best execute the Trusts thereof, for the Benefit and Advantage of the said Henrietta Cantillon, and the said other Legatees : Wich Endeavours nevertheless proved ineffectual, by Reason of the Opposition given thereto by some of the said Legatees, and other Persons who claimed to be Creditors to the said Testator, and from the Difficulty of procuring such Security, as from the Largeness of the Estate was required, and necessary to be given and provided by the Rules and Usage of the Eclesiastical Court in that Behalf.
 
And whereas, for Want of a legal Representative of the said Testator, the Estate of the said Richard Cantillon cannot be collected, or got in, nor a Discovery obtained of several Effects, which arc apprehended to be very considerable, and in the Hands of Foreign Merchants, whereby great Prejudice may arise to the said Estate.
 
And whereas, at the earned Instance and joint Application of the several Parties interested, as aforesaid, the said Francis Garvan hath
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lately consented or agreed to prove the said last Will of the said Richard Cantillon, in the Prerogative Court of Canterbury, and take upon himself the Burthen and Execution thereof, in Manner, and upon the Terms and Conditions after mentioned.
 
And whereas the several Suits so mentioned and referred to by the said Richard Cantillon, in and by his said last Will and Te-stament, were not determined or ended, but depending at the Time of the Decease of the said Testator, and do relate to many Claims and Demands of a very considerable Value, made by and upon him the said Testator in his Life-time, and consisting of perplexed and intricate Accounts, which will render the Execution of the said Will and Testament more difficult and trouble-some, especially since there is not any Power given by the said Will to settle or adjust the same in a summary or amicable Manner.
 
And whereas it would greatly facilitate the Execution of the Trusts of the said Will, and would be greatly for the Benefit and Advantage of all the Person interested in the said Estate, that the said Francis Garvan should be empowered and authorized, by and with the Consent and Approbation of some other Persons to be named for that Purpose, to make Compositions, and to settle, adjust, and compromise all and every the Suit and Suits so depending, as aforesaid, and all other the Demands made, or hereafter to be made, by or out of the Estate of the said Richard Cantillon, in a summary Way and amicable Manner, without either the Expences or Delay of Proceeding in the ordinary Course of the Law : But the same cannot be effectually done without the Aid of Parliament.
 
And whereas the said Mary-Anne Cantillon, the Mother and natural Guardian of the said Henrietta Cantillon, the residuary Legatee, is greatly concerned and interested in the proper Management of the said Testator's Estate.
 
And whereas Henry Furnese, of the Parish of Saint George Hannover-Square, in the County of Middlesex, Esquire, is a Party greatly concerned and interested in the Event and Consequence of several of the said Suits so depending, as aforesaid.
 
And whereas by Articles of Agreement Tripartite, bearing Date on or about the Eighteenth Day of February now Last past, and
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made, or mentioned to be made, between the said Mary-Anne Cantillon of the first Part, the said Henry Furnese of the second Part, and the said Francis Garvan of the third Part, reciting to the Effect above recited ; It was agreed, that the said Mary-Anne Cantillon and Henry Furnese, should and would forthwith join With the said Francis Garvan, in a proper Application to Parliament, and use all proper Means to obtain an Act of Parliament to asso-ciate the said Mary-Anne Cantillon and Henry Furnese, with the said Francis Garvan, in the Execution of the said Trust, and to enable the said Francis Garvan, Mary-Anne Cantillon and Henry Furnese, to compound, adjust, and settle all Claims and Demands whatsoever, made by or upon the Estate of the said Richard Cantillon, and also to agree and put an End to all or any Law Suits, wherein the Estate of the said Richard Cantillon is any way concerned, in such Way and Manner, and according to such Direction, as should be given and laid down by such Act of Parliament;
 
Therefore your Majesty's most dutiful Subjects, the said Mary-Anne Cantillon, Henry Furnese and Francis Garvan,
 
Most humbly beseech Your Most Excellent M A J E S T Y,
 
That it may be Enacted ; And be it Enacted, by the King's Most Excellent Majesty, by and with the Advice of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That it shall and may be lawful to and for the said Francis Garvan, from and after such Time as he the said Francis Garvan shall have proved the Will of the said Richard Cantillon in the Prerogative Court of Canterbury ; and the said Francis Garvan is hereby authorized and impowered, from and after such Probate as aforesaid, by and with the Consent and Approbation of the said Mary-Anne Cantillon and Henry Furnese, or the Survivor of them, and the Executors or Administrators of such Survivor, in Writing under the Hands and Seals of the said Mary-Anne Cantillon and Henry Furnese, or the Survivor of them, or the Executors or Administrators of such Survivor, executed by them in the Presence : of two or more credible Witnesses, to make Composition with any Person or Persons, who either are Debtors or Accountants, or shall appear or pretend to be Creditors to, and Demandants upon, the Estate of the said Testator, where the same shall appear
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to them necessary and reasonable; and to take such Part as can be gotten, in full Discharge of all such Debts; and like-wise to give such Consideration as will be accepted of, in full Discharge of all such Demands as shall be thought most advanta-geous and beneficial for the Estate of the said Testator, Richard Cantillon, and the Interest of the said Henrietta Cantillon, the residuary Legatee, and the said other Legatees, subject to the Proviso herein after mentioned; any Law, Custom, or Usage to the contrary, in any wise notwithstanding.
 
Provided always, and be it further Enacted, by the Authority aforesaid, That when and as soon as the said Francis Garvan shall have, by and with such Approbation as aforesaid, agreed with any of the Creditors or Debtors to the Estate of the said Richard Cantillon, in manner as aforesaid, it shall and may be lawful to and for him the said Francis Garvan, and his Executors, and they are hereby authorized and impowered, together with the said Mary-Anne Cantillon and Henry Furnese, and the Survivor of them, and the Executors of such Survivor, to apply by Petition to the Right Honourable the Lord High Chancellor, the Lord Keeper, or Lords Commissioners for the Custody of the Great Seal of Great Britain for the Time being, representing, that the said Francis Garvan, or his Executors, by and with such Approbation as aforesaid, had made such Agreement and Composition of or for the Demand therein mentioned, made by or upon the Estate of the said Richard Cantillon, and that such Agreement was apprehended by them to be necessary and reasonable ; and therefore praying such Composition or Agreement should be ratified, confirmed, and established.
 
And the said Lord High Chancellor, Lord Keeper, or Lords Commissioners of the Great Seal for the Time being, are hereby authorized, empowered, and required, upon such Application as aforesaid, to direct or authorize an Advertisement to be printed and published in the London Gazette, giving Notice, that such Application is made, and that unless the Person or Persons interested therein, or apprehending themselves so to be, shall shew good Cause to the contrary, within thirty Days after inserting such Advertisement in the said London Gazette, as aforesaid, that such Agreement or Composition will be affirmed and made absolute :
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And be it further Enacted, by the Authority aforesaid, That any Person or Persons interested as Creditors or Legatees of the said Richard Cantillon, are to be allowed to be heard, if they shall think fit to apply for that Purpose, before the said Lord Chancellor, Lord Keeper, or Lords Commissioners for the Custody of the Great Seal for the Time being, against the making such Composition and Confirmation thereof ; and the said Lord Chancellor, Lord Keeper, or Lords Commissioners of tue Great Seal, are hereby authorized and impowered to proceed in a summary, and in the most expeditious Manner, and either allow or disallow of such Composition as to him or them shall seem meet and reasonable upon the Circumstances of the Case, and most for the Benefit, Interest, and Advantage of the Estate of the said Testator Richard Cantillon,
 
And be it further Enacted, by the Authority aforesaid, That in case no Application shall be made by any Person or Persons interested against such Composition or Agreement being confirmed on or before the Day, by such Advertisement in the London Gazette, as aforesaid, limited for the Confirmation, thereof; That then the said Lord High Chancellor, Lord Keeper, Lords Commissioners of the Great Seal for the Time being, arc hereby authorized, impowered, and required, absolutely to confirm and establish such Composition and Agreement so made and entered into, as aforesaid ; any Law, Usage, or Custom to the contrary, in any wise notwithstanding.
 
Provided always, and be it further Enacted, by the Authority aforesaid, That such Composition or Agreement at any time made by the said Francis Garvan, by and with such Consent, Approbation and Direction as aforesaid, and so affirmed and made absolute by the said Lord High Chancellor, Lord Keeper, or Lords Commissioners of the Great Seal for the Time being, as aforesaid, shall be binding and conclusive to all Person or Persons whatever claiming any Interest of, in, unto,or out of the Estate of the said Richard Cantillon, in any Manner, and for any Cause whatever ; and that the said Francis Garvan, his Executors, or Administrators, shall not be liable or accountable for any further or other Sum of Money whatever for or on Account thereof, but such Sum as shall be paid and received upon or by Virtue of such Com position and Agreement so confirmed as aforesaid; any Law,
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Usage, Statute, or Custom to the contrary, in any wise notwithstanding.
 
Provided also, That the said Mary-Anne Cantillon shall act in the said Trust only for so long Time as she continues a Widow ; but that in case she shall marry, that then and from thenceforth, during her Coverture, she shall be, and is hereby excluded from acting any further in the said Trust ; and that the said Henry Furnese and Francis Garvan, or the Survivor of them, or the Executors of such Survivor, may, from and after such Marriage of the said Mary-Anne Cantillon, as aforesaid, act in the said Trust, in the same Way and Manner as if the said Mary-Anne Cantillon had not been appointed or authorized to act in the said Trust, or as if she were naturally dead.
 
Saving to the King's most excellent Majesty, his Heirs, nnd Successors, and to all and every other Person and Persons, Bodies Politick and Corporate, his, her, and their Heirs, Executors, Administrators, Successors, and Assigns (Other than and except the said Henrietta Cantillon, and all other the Legatees and Devisees under the Will of the said Richard Cantillon, and all other Person or Persons being or claiming to be Creditors of the Estate or the said Richard Cantillon, for and in respect of such Debts, Claims, and Demands, which shall be to be compromised and adjusted as aforesaid only) All Such Right, Title, Interest, Claim, and Demand, either in Law or Equity, of, in, or to the Personal Estate of the said Richard Cantillon, and every Part thereof, as they, or any of them, would have had, or been intitled unto, if this present Act had not been made.