HN10/273/Paxton5

Notes [made by John Thomas Green?] - much is crossed out at those parts are not reproduced below: "Thomas Paxton died 1823 He appears to have been a Publican and a small dealer in Drapery. By his will he appointed Joseph King of Milton and Wm Paxton his Cousin Executors and by a Codicil John Green Son of Surgeon who attended him was made an Executor in the place of Wm Paxton. Will was proved in 1823 and assets sworn under £600. The Executors were empowered to [blank] The widow married Harris in 1839 or 1840. Joseph King died in [blank] John Green commenced practice in 1824 & died in June 1885 at the age of 86 yrs appointing the 3 Defendants his Executors. The defendant John T.Green joined his Father in January 1857 30 years ago and has kept the Books from that date to the present moment. Previous to this date all petty accounts were kept with the papers nothing appearing in Mr.Green's other Account Books and during the whole of that period nothing whatever appears about this matter and that so far as his knowledge goes no application whatever has been made respecting it or the matter been mentioned by his father. Is it not a curious fact that the plaintiff has lived within about 2 miles of the Executor all their lives and taken no trouble about it. Does not therefore the Statute of Limitations apply to this application. It is settled by the case of [blank] that the word legacy applies to Residuary Estate see William on Exors. J.T.Green and his Clerks have spent several days searched [sic] throughout the office for the papers relating to the Executorship but have not succeeded in finding them - except the old Book now produced and the Probate found in the old Probate Box, the others if any must have been destroyed.. On receipt of the Summons Letter was written to the Inland Revenue Office applying for copy of Residuary Account and the following reply has been received - No reply has been received - but in searching among old letters the following has been found. Can security for costs be asked for. Plene action but qry if after debts unpaid applied for Under the will the trust never arose to take the matter out of the Statute. The first thing was to pay Creditors & they evidently not paid in full at all events. In 1860-61 considerable alterations were made in the offices. From Enquiry from old people The assets probably consisted chiefly of Both debts and Stock in Trade and it is clear that the widow must have had the latter under the power contd in the Will as she carried on the Public House and probably received money of the latter debts. The Book debts chiefly consisted of debt probably due from Sir G.P.Turner estate which can be traced - but the Amount would not be more than sufficient to pay the probate and Funeral expenses setting aside the payment of the Creditors above mentioned. That there is appearing in the Old Books of one other debt amounting to about [blank] from a man named Pilpot [sic] probably the same person is said to have but he went to Grief and made and assessment for the benefit of Creditors so that they are still creditors for 143 15. The Spirit Merchant would also probably be a creditor. Papers produced have been found in Mr.Green's Diary for 1853 and it appears from them that the creditors had not been satisfied but in consequence of the length of time elapsed since 1824 he ran the risk with Mr.Paxton by paying to the plaintiff the only sum that appears to have come in his hands"

c.1886

From: 1823 To: 1886

item

Paxton, Thomas,
King, Joseph,
Paxton, William,
Green, John,
Green, Thomas,
Harris,
Green, John Thomas,
William,
Page Turner, Gregory C.,
Philpot

deaths, publican, dealer in drapery, drapers, John Green, specific solicitors, surgeon, John Thomas Green, legal papers, Statute of Limitations, records management, Inland Revenue, debt, Milton Bryan Red Lion, spirit merchant, diaries