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Henry Draycott of Mornantown, in the county of Meath in Ireland, Esq. being seised in fee of the town and lands of Mornantown and other hereditaments in that kingdom, did, in the year 1670, in consideration of his marriage with Elizabeth, the eldest daughter of Sir Thomas Leister, and of a marriage-portion of £2000 by proper conveyances, settle his said estate in such manner, as to secure a jointure of £400 per ann. for the said Elizabeth, in case she should happen to survive him and thereupon the marriage was soon afterwards solemnized, in the chapel of Kentish-town, in the county of Middlesex; in the presence of Dorothy Leister, the sister of the said Elizabeth, and several other persons.

The said Henry Draycott and his wife, afterwards levied a fine of part of the said jointure-lands, to Philip Savage, Esq. and, by indenture dated the 19th of May 1678, the said fine, as to part of the lands therein mentioned, was declared to be to the use of the said Elizabeth and her heirs, in case she should survive her said husband; until she should be paid a sum of £1000 as a satisfaction for her joining in the said fine, [565] whereby the said Henry was enabled to dispose of part of her jointure-lands.

On the 15th of November 1675, one Elizabeth Herbert, the appellant's mother, pretending that the appellant was begotten on her body by the said Henry Draycott, and that he had promised to allow her £10 per ann. for her maintenance: exhibited her bill against him in the court of Chancery in Ireland, for a specific performance of the said agreement; but, though she suggested by her said bill, that there was a contract of marriage between them, yet, it was not thereby alleged, nor did she even pretend, that she was ever actually married to him.

To this bill the defendant put in an answer and demurrer by his answer he denied, that he ever courted the plaintiff for his wife; or ever entered into any marriage-contract with her, or that any such contract was ever proposed to him, or that he ever cohabited with her as his wife, or ever promised to give her £10 a year, for her maintenance. And, as to the residue of the bill, he demurred; the same containing matters scandalous and criminal.—But this cause was afterwards, on the plaintiff's application, referred to a Master; who, on the 10th of September 1677, reported, that the defendant should pay the plaintiff the sum of £75 by £10 per ann. provided she should so long continue unmarried; and that he should also take care of and provide for her said son: and this report being confirmed, the £10 per ann. was paid, the appellant was sent to school, and afterwards put an apprentice to a carver and painter in Dublin; but having misbehaved himself during his apprenticeship, his master threw him into gaol, from whence he made his escape, and enlisted as a private soldier.

The said Elizabeth Herbert afterwards intermarried with one James Richardson, a brazier in Dublin; and lived with him till her death, which happened about the year 1686 or 1687.

Henry Draycott having survived his wife Elizabeth, who died without leaving him any issue, by deeds of lease and release, dated the 22d and 23d of October 1694, conveyed all his estate to trustees, to the use of himself and the heirs male of his body; remainder to Patrick Draycott for life; remainder to his first and other sons in tail male successively; remainder to Philip Draycott for life; remainder to his first and other sons in tail male successively; remainder to Henry Talbot, cousin-german of the said Henry, for life; remainder to his first and other sons in tail male successively; remainder to his own right heirs.