Family History
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Family History |
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Chancery
- 1717|
26 Nov 1717 - Bridges To Humbly complaining showeth unto
your Lordship your orator Matthew Emerson of Vange in the County of Essex
gent the only son and heir of Thomas Emerson late of Vange aforesaid gent
deceased and brother and heir of Sarah Emerson the only daughter of the
said Thomas Emerson that the said Thomas Emerson being in his life
time and at the time of his decease possessed of a considerable personal estate
consisting in ready money to the value of six hundred pounds and upwards and
having but two children that is to say your orator and the said Sarah Emerson
and being desirous to make some provision for the maintaining of his said
daughter Sarah on or about the seventh day of November which was in the
year of our Lord one thousand seven hundred and three he the said Thomas
Emerson did in the form of law make and publish his last Will and Testament
in writing and thereby among other things did give and bequeath unto his said
daughter the sum of six hundred pounds which by his said Will he desired Thomas
Hervey of Downham in the said County of Essex clerk (who he appointed her
sole executor of his said Will and trustee for his said daughter Sarah
Emerson) to lay the same out upon a purchase of either lands or good rents
for her or to get if it secured by mortgage for her until she should be one and
twenty years of age or day of marriage which should first happen and soon after the making the
said Will he the said Thomas Emerson departed this life and he the said Thomas
Hervey proved the said Will in due form of law and took upon him the burden
and execution thereof and possessed himself of the personal estate sufficient to
answer the said six hundred pounds so given to the said Sarah by her
father as aforesaid, And in pursuance and part of performance of the said Will
she the said Sarah being then a minor and unmarried he the said Thomas
Hervey on or about the (blank) day of (blank) which was in the
year of our Lord one thousand seven hundred and (blank) did lay out four
hundred and ten pounds part of the said six hundred pounds upon the purchase of
a messuage tenement and farm and about eighty acres of land of the yearly value
of about thirty pounds And situate lying and being in the several Parishes of
Nevendon Basildon Vange and Pitsey or some or one of them in the said County of
Essex and purchases the same in the name of him the said Thomas Hervey
and his heirs (in trust for her the said Sarah Emerson and her heirs) and soon after she the said Sarah
Emerson intermarried with Thomas Spittey then of Bowers Gifford in
the said County of Essex gent who entry upon the said farm so purchased as
aforesaid and received the rents issues and profits thereof and still doth the
same. And your Orator further showeth that some time after his said sister
intermarried with the said Thomas Spitty and before she arrived to the
age of one and twenty years she the said Sarah Spitty departed this life
without ever having had any issue of her body whereby your orator as heir at law
to the said Sarah became entitled to the said estate and the said Thomas
Hervey became seized thereof in trust for your orator and his heirs, And your orator further showeth
that the said Thomas Hervey likewise departed this life without issue
leaving Mary the wife of Samuel Wilson Anna Hervey spinster
and Elizabeth Stevens the only child and heir of Elizabeth Stevens
wife Stevens his heirs, And not long after his decease Thomas Spittey
perceiving that the said farm was bought in the name of the said Thomas
Hervey (in trust for the said Sarah and her heirs) he the said Thomas
Spittey prevailed with the said Samuel Wilson and Mary his
wife Anna Hervey and Elizabeth Stevens (being women and not
skilled in such affairs) by deeds of lease and release dated on or about the
fifteenth and sixteenth days of April one thousand seven hundred and twelve and
by fine acknowledged by them before
the Justices in the Court of Common Pleas at Westminster in Easter Term in the
eleventh year of her late Majesties reign to convey their estate and interest in
the said farm and lands to the said Thomas Spittey and his heirs.
Although such conveyance was made in breach of trust in them reposed whereat
they ought to have conveyed the same unto your orator and his heirs, And the
said Thomas Spittey being privy to the trust for the benefit of your
orator stands now intrusted for your orator to convey the same accordingly and
hath frequently promised so to do But now so it is may it please
your Lordship that the said Thomas Spittey combining with Joseph
Hazwell of North Benfleet in the said County of Essex clerk William Massa
of Brentwood in the said County of Essex baker Samuel James and Mary
James children of John James and Mary his wife with the said Mary
hath intermarried with the said Thomas Spittey and with diverse other
persons to your orator unknown whose manner when discovered your orator prays
that they made parties to this Bill with apt words to charge them, And intending
to defeat your orator of the benefit of such estate the said Thomas Spittey
hath entered upon the possession of the said estate and hath ever since received
the rents and profits thereof and having intermarried with the said Mary late
widow of the said John James sometimes pretends and gives out in speeches
that he the said Thomas Spittey hath the said farm as his own inheritance
is well entitled thereunto for as much as the said estate was purchased with the
money which if they had not been laid out in the purchase of the estate would
have been vested in him by his intermarriage with the said Sarah Emerson, And at other times the said
confederates pretend that before or soon after the intermarriage between the
said Thomas Spittey and Mary his wife by Indentures of lease and
release bearing date the sixth and seventh days of March which was in the year
of our Lord one thousand seven hundred and twelve or by some other deed or deeds
the said farm was settled in consideration of the said marriage and of the
marriage portion in money and stock which the said Thomas Spittey was to
have with her the said Mary Spittey in them the said Joseph Hazwell
and William Massa and their heirs subject to the payment of seven hundred
pounds for the use and benefit of the said Samuel and Mary James
children of the said Mary Spittey by John James her former husband
or to some other uses or upon some other trusts of the like nature Although the
truth is and so your orator doth expressly charge that the said conveyance and
deeds (if any such there be) was made with full knowledge and privity of the
trust for your orator And the said Thomas Spittey and other the
confederates are and were well acquainted with your orators right and interest
in the said farm and lands and that the same ought of right to descend and
convey to your orator as heir at law to his sister Sarah she dying
without issue and under the age of one and twenty years as aforesaid And the said farm was shuffled
in among other lands and tenements into the said settlement (if any such there
be) of intent to conceal the same or to defeat your orator thereof and the
persons who have the legal estate and interest therein ought to convey the same
unto your orator and his heirs but yet the said confederates refuse so to do
Although actings and doings of him the said Thomas Spittey are contrary
to right equity and good conscience and tend to your orators apparent wrong and
injury In tender consideration whereof and for as much as your orator is
remediless in and by the strict rules of the Common Law and relievable only in
Court of Equity before your Lordship your orator witnesses who could prove the
truth of all and singular the p’?s being either dead of gone into parts remote
beyond the seas To the end therefore that the said confederates may upon their
corporal oaths true answers make to all and singular the premises in as full
ample manner as if the same were herein again particularly asked and
interrogated and particularly may set forth and discover whether the said Thomas
Emerson did not make such or the like Will as is herein before set forth or
what Will and what legacy or legacies he gave to his said daughter Sarah and whether he did not appoint him the said Thomas Hervey or who his executors and trustee for his aid daughter, And whether such estate was not purchased by the said Thomas Hervey to him and his heirs in trust for the said Sarah your orators said sister and heirs, and whether the said Sarah did not die without ever having had any issue, And your orator is not heir at law to the said Sarah and in whom the legal estate of the premises now remains And that the said Thomas Spittey and his said wife and the said Joseph Hazwell and William Massa or such of them or such other person or persons in whom the legal interest of the said farm and premises now remains may be compelled by the decree of this honourable Court to convey and assign their pretended interest of in and to the said farm and premises and may deliver up all deeds evidence and writings belonging to the same unto your orator and his heirs, And that your orator may be relieved in all and singular the ?? May it please your Lordship to grant unto your orator his Ma? most gracious writ or writs of subpoena under the seal of this honourable Court to be directed to them the said Thomas Spittey and Mary his wife Joseph Hazwell William Massa Samuel James and Mary James thereby remanding them and every of them at a certain day and under a certain pain therein to be limited personally to be and appear before your Lordship in the High Court of Chancery then and there to answer all and singular the premises and further to stand to and abide by such order and decree therein as to your Lordship shall seem ? And your orator shall pray John Comyns Acknowledgement to the National Archives. |