When the knight died in 1459 Worcester, found that nothing had been bequeathed to him although he was one of his executors and, with one of his colleagues Sir William Yelverton, he disputed the validity of the will.
He married, secondly, Mrs. Emily Marianne Forbes (née Ashworth), daughter of Maj.-Gen. Sir Charles Ashworth and Mary Anne Rooke, on 26 June 1858, in Trinity Chapel, Edinburgh, Scotland; Emily Forbes, at the time of the marriage, was the widow of Prof. Edward Forbes, the naturalist.
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Theresa Longworth, an English Catholic, and Major The Hon. William Charles Yelverton (who later became, in 1870, The 4th Viscount Avonmore), an Irish Protestant, met in 1852.
Sir John Fortescue, was a great medieval jurist and Lord Chancellor of Henry VI of England; Sir William Yelverton was an earlier Lord Chief Justice of England; Sir Roger Manwood was an Elizabethan Lord Chief Baron of the Exchequer; and his nephew, John Manwood, Sir Nicholas's great great great grandfather, was the author of 'the Forest Laws'.