Reference
Z937/29/8
Title
Copy of court judgement refuting part of the will of Charles Nicholls Field of 1752 [see previous entry] at a hearing before the Master of the Rolls.
Date free text
15th May 1755
Production date
From: 1753 To: 1755
Scope and Content
Plaintiff - Daniel Warner. Defendants - John Field and Robert Ward.
Charles Nicholls Field died soon after making the codicil, and Daniel Warner duly proved and executed the will.
- John Field is his heir at law and says by virtue of Act of Parliament 1735-6 - "Act to Restrain the Disposition of Lands to Charitable Uses", all devises affecting the real estates for charitable uses are void, and he is entitled to them. He insists the 80 and other legacies and expenses should be paid from the personal estate, and the real estate only used as backup.
- Daniel Warner insists that the testator intended John Field to receive 80 only if he acquiesced to the will and codicil, and if the legacies are paid out of the personal estate then little or nothing will be left to satisfy the charitable intentions.
- John Field says he is entitled to the estates at Hitchin and Kings Walden after the death of Francis Tristram by reason of the same Act.
- John Field says if his brother was not of sound mind, or revoked his will, or did not surrender the copyhold, then he (John) is entitled to the estate. But if it was duly executed then the Act is relevant and the estates should descend to him anyway. He also says he has not obstructed the execution of the will as far as it may legally be executed and hopes he will still be entitled to the 80. He also asks if George Ward's heir is entitled to the estates at Hitchin and Kings Walden,.
- Robert Ward, defendant, only brother and heir of George Ward, asks the same and claims nothing else.
The will and codicil are found well proved so the trusts, except the charities, should be perfomed. Mr Edwards, a Master of the Court, should take an account of the personal estate which came to Warner and apply it to pay any debts, with any surplus applied to the charitable trusts. The devise of the remainder of the real estate in Hitchin and Kings Walden cannot be applied to the charitable trusts and must be considered void. The copyhold estate at Barton remains subject to all legacies except the charitable devises and should be sold; if it is inadequate to meet the debts, then the rents received from it by John Field since Charles' death should make good the deficiency. All parties are to be examined, and must produce all books and papers in their custody relating to the accounts. All costs of this court should be paid from the testator's estate.
Exent
11 pages, bound, No. of pieces: 1
Handwritten
Format
sheets of paper
External document
Level of description
item