The Sun.
London, England, 1838-11-28 00:00:00

IbYs were descended from Thomas Selby in Wales.
'rhera
arid was no pretence for that, except by a will,
c he would ask when was that will dis-
,?'ered, and by whom, and why was it not
discovered sooner ? There was a most remarkable clause
'n it, which he believed to have been interpolated. He
would show that the genuine will of James Lloyd was ab-
stracted from the Consistory Court ; that a fize simile had
°n made ; and that a clause had been inserted to answer
C only the parties had in view. He would show
caenlY that there was no such will, but that that
mise in the will was an interpolation and a forgery. The
80 of the other side was that James Selby, of Salford, the
lgrandfather, was the son of Marv, and upon that the whole
ase rested. He would stow that the mother of that
liratnes was not Mary, but was Isabella Selby. This
sstasrni:_ill of the Selbvs' was first found at Salford,
Isel:1!' was on the boundary between Bedfordshire and
eib4nghamshire. There died a Richard Selby—a William
Y. and there died Isabella Selby in the year 1643. In.
thernarv, 1647, administration to the goods and effects of
th"t Isabella Selby was grantetl to her son, James Selby,
seLgrandfather of the testator, and the father of Sergeant
of Mary Lloyd,
Selby whom they represented was the son
St444ry Lloyd, who died in child-bed. That was a mortal
the to the case of the claimants. That showed that
es a grandfather was not the son of Mary Lloyd,
set-rIY Mary, but was the son of Isabella. The pedigree
est4neeion.the part of Mr. and Mrs. Davis, never could be
that shed, and there were varous objections to the claim
sbl-3- wi ere fatal. He submitted to the Learned Judges that
iesehe.:ains, in 1838, came too late, and was contrary to the
that--"n of the testator, because the testator had declared
bif the heir should not be forthcoming within twelve
Qtt's after his death, or some such reasonable time,
444 constituted and appointed William Lowndes his
4111 heir, on condition that he took the name of " Selby."
till therefore submitted, that as this claim was not made
tatewit,hin a few hours of 60 years after the death of tes-
ses.,r, lt was made after the time Major Lowndes had be-
st a the lawful heir. Another point he would submit
osii'swhether the right heir the testator referred to must
ae of the blood of the Selby's, and upon that the
baedarned Gentleman referred their Lordships to what
Issmsdbrn said by Lords Mansfield and Loughborough.
Nih Mansfield held the heir must be of the blood of the
iq 118, and of the name of Selby. Lord Loughborough
v ;781 folio d the came diMctum.
J swe v • ust he be of the name as
eil notice AUGHAN—
the IS blood of Selby ? Would not the blood do without
name ?
r
ATTORNEY GENERAL—That might be enough ; but
the not pretended the present claimant had one drop of
fis-oulOod of the Selbys. Then what was to be said of the
of On that point he had the authority of the Court
Ie Cstr°r• The question was, whether before the fine was
ItV;e4 Mr. Lowndes was owner or trustee ? Why, if he
teas-f
merely trustee he would be liable not only for all the
/41,4,rand property since 1772, but also the interest! But
PO's; Leewndes was let into possession as owner—he took
taidessien as owner, exercised all the acts of ownership,
skreiw‘s in the situation of owner when the fine was levied.
ths„s 44, he would ask the gentlemen of the assize what they
Veselet of this claim ; was it not made for the purpose of
beep en, oppression, and extortion ? Might it
.nothave
Made in the hope that Mr. Lowndes, to avoid the
an-
therce of the trial and of the expense (because, among
for stievances of a writ of right no provision was made
I,e,stee costs of the party who succeeded, and if Mr.
the Odes obtained a verdict, he would have to pay
tome., Pence he had incurred), would have offered
tas:s"'„ing in the shape of money ? Mr. Lowndes
lassr„"Y resisted any such attempt ; he knew the estate
atd,sa"Y belonged to him and his family, and he confidently
his misted his case to their Lordships, the Judges, and to
teueatintrymen the gentlemen of the Grand Assize for the
stnitY of Buckingham.
Piteir',Robert Langley Appleyard, examined by Mr. Ser-
tate ss* vvILDE.—Was the attorney of the plaintiff. The
to bi'r• Lowndes died in 1822. He had acted as steward
Isish‘la for fourteen years. The names of the Lords of the
17,;:er Prior to 1738 were Selby ; the name was altered in
4'.
• Its 1774 the Lord's Dams, was William Lowndes,
reel. Previous to that Mr. Lowndes had been appointed
177 Iver in a cause. Another Court was held in 1776 and
.17g under the same name. The name was again alteredin
fit to the nameLowndSelby. Mr. Griffin was th
TillinY solicitor of Mr. Lowndes, , and witness succeded him.e
loest, first Court at which Mr. Griffin appeared as Steward
- 'a October, 1784, and was held under the name of
178 Selby,Esq.,
nt formerly Win. Lowndes. After
i110r,4 tlle Courts were all held in the name of Wm. Selby
,Witness knew Mr. Griffin well ; he died in 1806.
of thin nts possession a bill, answer, and decree. The date
ts At decree 1779, and the title of the cause, was " Hone
hill :deroft- 117 r. Lowndes was one of the defendants to that
ero33gether with the Attorney-General. There was also a
madft'ause in which Lowndes was plaintiff. The decree was
se ein both those causes. Previous to those cases coming
is. :Pon further directions, in consequence of liberty being
n in the decree, the parties tried their right at law.
il'Pon f
o 4 further directions in 1783, the Court ordered posses-
0,
~ I the property to be given to Mr. Lowndes. Witness
4 several deeds in his possession, among which was one
Ja the 20th March 1653, which was a purchase deed by
formes Selby, the grandfather, of' the estate at Wavendon,
sp 130/. Another deed was dated Nov. 19, 1653, which
a" for the purchase of the lands. On the 29th of the
tome'tnouth another deed was executed, the consideration
Vess Which was 5001., and the lands purchased were in Was
.Is-"°11. The next deed was the marriage settlement of
lis-mes Selby with Margaret Wells, dated in 1675, by which
lettled all the lands purchased by the former deeds
rOn .
tet "Is Intended wife. In April, 1696, another deed was
,sWe,nsted, by which James Selby purchased the manor of
Ch" ,'nrY from a person named Stafford, for 3,5001.
tt,- next deed was the 3d of April, 1696, by which
‘46 ssSelby purchased the Manor of Tatton Hall and
14,1. wieners adjoining in Buckinghamshire, for 14,5001.
he u9B another purchase was made from the Trustees of
the ".oke of Buckingham by Mr. Selby, for 19,6001. of
170i' addon and Nash Estates. On the 15th September,
of ssi! Inother purchase was made by Mr. Sergeant Selby,
Beat hots Wood, in the hamlet of Nash, for 2501. The
document was the marriage settlement of Sergeant
Rho js
swith Mary Alston, in 1715, by which the
Tent" °I the above property was settled. The next docu-
e w.as the will of Sergeant Selby, which was produced.
tlttsw!tness produced three other purchase deeds of pro-
-1 Waddon by the heir of Sergeant Selby. Witness
11?!3_41":13°_d.no.C.ed al‘b,iargain and l sale,l tolliedvywa fine, in April,
Lowndes, of
ineetohe Icr. Selby,tof
Batuecyseae
k and Jomhn. Skirrow,' of
those°ll4 Inn, of laonudns,Yin Buckinghamshire. The fine of
141 t i4allas was also produced ; the proclamations were also
44:115i• s A mortgage of 1788 was also put in, the object
'qes:" had been to raise the money for the legacies, under
Ass ree of the Court of Chancery.
CAy efeHatsTmas, from the Bank of England, produced a
trhe transfer by the Accountant-General of the
slttler of?`„. Chancery to Mr. Lowndes Selby, under the_
me est March, 1783, of 22,0001. and upwards, and also
tstlstiY of a like sum to Mr. Lowndes Selby's credit.
is'n kers Ward, from the Six Clerks'-office, produced the
Rts-'l7an 4nswer in Hone v. Medcroft. The bill was filed
ine s:' and the answer of Mr. Lowndes in July of the
'4l/i (-,'"ar• The bill filed by Mr. Lowndes against Wells
s:the"'etober 1773.
Ler4 h ATTORNEY-GENERAL said that the bill and an-
-"mvs_ts;"!ing in evidence as well as the fine, he proposed
read the decree made in 1773.
th/t. obrer,leant Ties-mum, on the part of the heir-at-
tis'eeted to the reception of the evidence, on the ground
he e. heir-at-law had been no party to the proceedings.
4114:411elai°n expressed by a Court of Equity could have no
Iv
COURT
the legal right.
tent to '°nlt'r thought the evidence admissible, as far as it
re;sBnOw that the receivership of Mr. Lowndes ceased,
pr,_•iseted it as far as it went to show Mr. Lowndes, was
as-msessis, . . • - -n as owner. The order appointing the receiver
'o:het!' admitted as read, as well as that by which he was
'Kea.
till Of -.-.l,iussett, from Doctors' Commons, produced the
tbe,"nomas James Selby, which was read at length.
41:8-atliWawill the testator gave all his manors, &c., to his
1,4 , Whom he directed to be found out by means of
eociosel tpents in the newspapers, to hold to himself and
sips
.ehasintrsi7er, subject to the payment of certain lcgacies
tessrchated e bequests. And the testator by that will
1.0 to s''',ll% Lowndes his heir, provided he changed his
k;,inary ies'eY ; and the testator appointed Mrs. Hone his
itsk
kt 5..... le§singden, examined by the ATTORNEY-GE-
rel6 years 4s Parish clerk of Waddon ; had been so 15
Thlleesed ; was 73 years of age ; knew Waddon Hall,
eees.rejoie2esoicings there in the spring of the year 1783.
ssoLiag tongs were in consequence of Mr. Lowndes sue-
the en we„.'he estate. The young men and young
then estate"' to meet him, because he came to heir
thee lived and take possession of' it. Mr. Lowndes
theit of the at Winslow, five miles from Waddon,
fro,' d4y. Principal tenants and trades-people had holiday
sire: WiesieeY met Mr. Lowndes at Park-hill, who came
the-sed all nw in his carriage. Two young men were
Did had over with ribbons ; a violin was all the music
the net k witnesses brother played it.—(Laughter.)
,kosite was aow any thing about a May-pole, but
neis,sa(!ea jer-inatY. of dancing and eating and drinking. Mr.
sea hire
girined in the dancing, with the pretty Bucking-
j did sat
th not Old Waddon Hall —(Laughter.) Wit-
take ribbo dance because one of the men who was dressed
4,41, was took ill with the ague, and they were
44 3 br other
and Put on witness.—(Great laughter.) Wit-
4110retive who Played the fiddle, was taken ill,
his sk, -Of afterwards died. Witness had the regis-
. nrother,,
burial, and was certain it was