Legal Opinion – Robert Williamson to Thomas Richard Beaumont – 20 Jun 1793

Document Type: Legal Opinion
Date: 20 Jun 1793
Correspondent: Robert Williamson
Recipient: Thomas Richard Beaumont
Archive Source: NRO 2762 Box C74
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After an attentive perusal of a Copy of the Will of Sr William Blackett dated 14th August 1728 I am clearly of opinion that the late Sr Thomas Blackett as the first Son of Lady Wentworth took an estate-tail in the property devised and settled by that will and that he was enabled when in possession to barr all the subsequent estates limited by the will by means of a Common Recovery as to the fee simple estates, and by a fine or other competent conveyance as to the Estates held by Leases for lives.  The circumstance of Sr Thomas Blacketts being born at the time of making the will does not appear to me to make any difference.  The evident intention of the Testator was to give an estate trust to the first and other Sons of Lady Wentworth successively in the same manner as he had before limited the property to the first and other sons of Mr & Mrs Blackett and I cannot for a moment assent to the idea that the words ‘to be begotten’ excluded the eldest Son who happened to be born at the time of making the will; if these words must necessarily be taken in a future sense (which I by no means agree to) they in strictness apply to the issue male of the Son the words being ‘To the use of the first and other Sons and their issue male of my Sister Diana now the wife of Sr Wm Wentworth Bart lawfully to be begotten in tail male.’  Upon the whole I cannot discover any ground of objection to Sr Thomas Blacketts power of barring the entail and remainders limited in default of the issue male of Lady Wentworth: and presuming that he has taken the proper measures for that purpose I think he might dispose of the property in any manner most agreeable to himself.

	R Hopper Williamson

NCastle 20th June 1793

Mr Hopper Williamson’s compliments to Mr Beaumont, and has sent his opinion upon the limitation in Sr Wm Blacketts will in favour of Lady Wentworths family.  If Mr Beaumont wishes Mr H.W. to look into the recovery and other <assurances> made by Sr Thomas Blackett for barring the entail He will be so good as direct them to be sent for that purpose. 	Clavering Place

	Thursd morng

[Outer wrapper:]

T R Beaumont Esqr

June 20th 1793

Mr Williamsons Opinion on Sr Wm Blackett’s Will [last word obscured]

C3 1326 No 37
NRO 2762 Box C74. Legal opinion notes of Mr Robert Hopper Williamson on Sir William Blackett’s Will. This single item is included in the PDF of transcripts in NRO 2762 C105

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