Proceedings of the Council of Maryland, 1728. 495

    thought it necessary to have him in the said House where Lib. X.

    she lived and under the Care of those who would give him a

    Suitable Maintainance and Instruction

      That accordingly the said Nicholas the Infant hath Lived

    with the said Philip ever since and hath been provided with

    every thing necessary and suitable to his Fortune

      That Nicholas Sewall Junior . being appointed Coexecutor

    with the said Eliza of the last will and Testament of the said

    Henry hath Possession of the Reall and Personall Estate now p. 206

    belonging to the said Nicholas the Infant which Consists in

    Two or three hundred Pounds in personall Estate and of

    About Eight hundred Acres of Land in Reall Estate and by

    virtue of such possession insists that he ought to have the

    Tuition of the said Infant (altho he was never appointed

    Guardian) or otherwise the said Nicholas Sewall Junior pre

    tends that he is not Obliged to make an Allowance out of

    the Estate of the said Nicholas for his Education and Main

    tainance more then six Pounds p Cent out of the personall

    Estate p Annum a Sum much too Inconsiderable for meat

    drink Washing Lodging and education and Cloathing

      That the said Philip and Elizabeth at the time of their Inter

    marriage released the right of the said Elizabeth to the two

    thirds of the reall and personall Estates of the said Henry

    to the said Nicholas Sewall Junior in Trust for the said

    Nicholas the Infant on Condition to Repossess the same

    in Case of the Death of the said Nicholas the Infant

    without Issue but the said Philip and Elizabeth never

    intended that the Profits of the said Estate so Released

    should be applyed in Any manner to the advantage of the

    said Nicholas Sewall Junior the Trustee but that they should

    Contribute to a better provision and Education of the said

    Nicholas the Infant than that part of the Estate to which

    he was Intituled by the death of his Father would have per

    mitted neither did the said Philip and Elizabeth by such deed

    of Release deprive either of themselves of any right of the

    Care and Guardianship of the said Nicholas the Infant to p. 207

    which they or either might be Entituled by Law or Equity for

    these Reasons the said Philip Lee thinks it is his duty to re

    present to your Excellency and Honours that he is Appre

    hensive that the said Nicholas the Infant is placed under the

    Government and direction of the said Nicholas Sewall Junior

    or any other In Communion with the Church of Rome will be.

    Educated and Instructed in the Religion of that Church to

    prevent which the said Philip Lee Conceives a provision is

    made by the Act of Assembly For the better administration of

    Justice in Testamentary Affairs and hopes that such Order

    will be made as is Agreable to the design and Equity of the