Thrybergh Ravenfield Dalton

South Yorkshire England

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Saville Finch pg 1


Finch against Finch




The following pages are a report of court room events from 1791 from the high court of Chancery during the time of Lord Chancellor Thurlow. It is a dispute over the inheritance of Mary Finch who is the plaintiff.  Judith Finch nee Fullerton being the defendant. It starts with a short family tree beginning with Sir John Banks.




{Reg. Lib.1791.A.fol. 745. b}


Sir John Banks died 1699


Daughter Mary Banks

married John Saville




Daughter Elizabeth Banks

married Heneage Finch


Children of above   Child of above

Child 1

Henry Saville died Feb. 1723

No Children

Child 2

Elizabeth Saville died Oct.1766

married John Finch died Sept 1759

John Finch

married Elizabeth Saville



Children of above


Child 1

Saville Finch died Sept 1788

Leaving  Judith his widow

The Defendant


Child 2

Mary Finch

The Plaintiff









Sir John Banks Bart had only two children, daughters Mary who married John Saville Esq, and Elizabeth married to Heneage Finch Esq.*Sir John by will dated 23rd November 1697 devised a house in Lincolns Field Inn and lands in the Isle of Thanet and Romney Marsh; and also fee farm rents in the counties of Essex, Stafford , and Derby, to his daughter Mary Saville and her husband John Saville, and to the heirs of the body of his daughter Mary, remainder to his daughter Elizabeth Finch and Heneage her husband, and the heirs of the body of his daughter Elizabeth, remainder to his own right heirs: and as to certain Leasehold Estates in Kent for lives and years; he devised the same to trustees in trust for such person, and for such purpose as his Daughter Mary Saville should appoint, and for want of such appointment in trust for the first son of his daughter Mary Saville that should live to attain twenty one. And he devised freehold as such to his daughter Elizabeth Finch in tail, with cross remainder over to her sister.


Sir John Banks died in 1699 leaving his said two daughters his ec-heiresses and devisees.

John Saville and Mary his wife died leaving Henry Saville their only son and heir , who succeeded to a large estate in Yorkshire, from his father which he charged with a debt, afterwards liquidated 13s 379L and under the will of Sir John Banks he became tenant in tail of the estates devised to his mother, but he suffered no recovery of these estates.

Henry Saville died without issue in February 1723 leaving Elizabeth his only sister and heir who before had married John Finch.

By a settlement made after marriage 27th May 1727 John Finch in consideration of 16,000L which he received as a marriage portion with his wife conveyed freehold estates in Bolton, Nulton, and Iwade in Kent [ now let at 346L per annum] to the use of himself for life, remainder to the use of his wife for life, remainder to the use of the first and other sons in tail, remainder to the survivor of the said John Finch and Elizabeth his wife in fee.

John Finch died long since leaving Elizabeth his widow and one son Saville Finch, lately deceased, and one daughter Mary Finch now living and unmarried



Lincoln Inn Hall 14th July

A agrees to assign lands to her son he paying [inst. al.] 20,000L to his sister as a portion: she afterwards by will gives the sister 20,000L charged on her real estates, and then gives them subject to that and other charges to the son: the daughter takes but  one sum of 20,000L

2 Under a prior settlement was entitled [ subject to the sons estate tail ] to an estate for life in certain of the premises which were in mortgage on an assignment on the mortgage the sister joined and her charge of the 20,000L was recited, but not her estate in remainder: this recital shall not hurt her title-but 3d taking an interest under the brothers will she must elect [1]



*Elizabeth Finch being tenant in tail to the estates devised to her mother by John Banks will, suffered a recovery of the house in Licoln Fields Inn and sold it, she suffered a recovery of the fee-farm rents in Essex , Derby, and Stafford and mortgaged them for 10, 000L, but she suffered no recovery of the freehold estates.


Elizabeth Finch inherited from her brother Mr. Saville the Mansion House at Thryberg in Yorkshire, an estate at Brinsworth and Rotherham in Yorkshire  now let at 1070L per annum, and other estates in Yorkshire of the value 1632 per annum, and she purchased an estate at Bramley in Yorkshire of the value 155L per annum.


By Indentures of lease and release24th and 25th October 1757 between said Elizabeth Finch of the first part, the earls of Winchelsea and Aylesford of the second part; Saville Finch the only son of Elizabeth of the third part, and Mary Finch only daughter of Elizabeth of the fourth part; in consideration of the natural love and affection of Elizabeth and Mary, and for the preferment and advancement of Saville, and for settling the hereditaments after mentioned. Elizabeth granted to the two Earls lands and tithes in Brinsworth and Rotherham com. York, and the lands and heritaments at Iwade, Bobbing, Milton, and Newington in Kent [ being the freehold lands in the settlement of 1727 ] to the use of Sarah Finch for life, remainder to trustees to preserve contingent remainders; remainder to the first and other sons of Saville Finch in tail male; remainder to the daughters in tail , remainder to Elizabeth Finch in fee, with powers to Saville Finch of Jointuring and leasing.


By indentures and release 24th and 25th July 1758, the release being made between Elizabeth Finch of the first part, Saville Finch and Mary Finch of the second part; and Lord Middleton of the third part, reciting a debt due from the estate of Henry Saville 16,372L 15s 14d to Lord Pollington which had been advanced by Lord Middleton; in consideration of that sum paid by Lord Middleton to Elizabeth Finch, said Elizabeth Finch granted and released to Lord Middleton and Saville and Mary[*] ratified and confirmed the manors of Thrybergh and Deneby, the manors of Brinsworth and hereditaments at Brinsworth and Rotherham and other places with a proviso for redemption on payment by Elizabeth Finch, Saville Finch, or Mary Finch of 17,oooL and interest, and with a convenant by Elizabeth and Saville Finch that they would pay the 17,000L.


By a memorandum bearing date14th April 1759 between said Elizabeth Finch and Savile her son; Elizabeth Finch in consideration of natural love and affection agreed to convey to Saville all lands, &etc; whereof she was possessed in the county of York, together with the household furniture &etc he the said Saville Finch permitting her to have the use thereof at all times when she should come there, and also upon this further consideration, that the said Saville Finch shall pay to Lord Middleton all such sums of money as she Elizabeth Finch is indebted to him; and upon this further consideration, that the said Saville Finch shall pay or cause to be paid unto his sister Mary Finch, when and so soon as he shall be possessed of all and singular the estate of the said Elizabeth Finch, his mother in Kent, the sum of 20,000 lis, for and as the fortune and portion of the said Mary his sister, and Saville Finch thereby agreed to pay the debt, and also pay to his sister the said sum of 20,000lis for and as her fortune. And entered into further agreements immaterial to this cause, and it was further agreed that the estate at Bramley should not be compromised in that agreement.


The 20,000 lis was not paid to Mary Finch during her mothers lifetime and she was no party to this or the following agreement of 1st November 1759 between Mrs. Finch and her son, whereby it was agreed that Mrs. Finch should take to her own use the rents and profits agreed to be settled on Saville Finch, in the county of York [ The estate at Brinsworth and Rotherham only excepted ] on conditions therein named, but which are immaterial to this cause.

Saville Finch married Miss Fullerton but there was no settlement on the marriage.


Elizabeth Finch made her will bearing the date 11 May 1764 and thereby directing her debts to be paid [ among other things] gave and bequeathed as follows:

" Unto my Daughter Mary Finch the full sum of 20,000 lis as and for a fortune and advancement for her in life to be paid to her within six months after my decease, together with interest from the same from the time of my death at the rate of 4 lis percent pre annum" In a further part of the will was the following charge. " And I do hereby charge and make subject not only all my personal estate, but also all and every my freehold manors, messuages, lands, tenemants, tithes, hereditaments, and real estate whatsoever and wheresoever with the payment of the said sum of 20,000 lis and the interest thereof [ and other annuities ] I give devise and bequeath all my freehold manors messuages, lands, tenemants, tithes, hereditaments, and real estate whatsoever and wheresoever unto my son Saville Finch his heirs and assigns forever" and appointed Saville Finch sole executor of her said will.

Elizabeth Finch died on the 10th October 1766.



Saville Finch pg2



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Transcribed by John Doxey from:

" Reports of  Cases argued and determined  in the High Court of Chancery " published in 1820 was compiled by William Browne Esq. Barrister at Law





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