Bedfordshire Archives Service Catalogue
  • Reference
    Z660/D/2/2
  • Title
    Bill of Complaint in Chancery [drawn up by John Hughes Junior, of Luton] PARTIES: (i) Amos Wren of 16 Clarendon Square, Somers Town [Middlesex], straw plait manufacturer, plaintiff; (ii) Edward Woakes, James Harris, William Wren, Anne Wren, spinster, Henrietta Wren, spinster, John Wren, George Wren, George Wren the younger, David Wren, Harriett Wren, spinster, Caroline Wren, James Wren and Joseph Bunyan and Mary, his wife, defendants COMPLAINT: (1) will of 30 Jan 1845 of Joseph Wren, late of Luton, wheelwright, deceased, devising all his real estate in Luton to his wife Sarah Wren, since deceased, for her life, then to Edward Woakes of Luton, surgeon and James Harris of Luton, innholder upon trust for sale, paying, from proceeds, 10 each to to testator's grandchildren, Elizabeth Wren (daughter of Thomas Wren, deceased), Sarah Anne Wren (natural daughter of testator's daughter Sarah Webber, deceased), and James Webber, John Webber, Elizabeth Webber, Thomas Webber and Mary Webber, children of Sarah Webber, residue of the estate to be divided equally among testator's children William Wren, Anne Wren, Henrietta Wren, John Wren, George Wren, Frederick Wren (since deceased), James Wren, Amos Wren (the plaintiff) and Mary Bunyan, if any died the share to go to their children or, if dying childless, to be divided equally among the other siblings; James Wren's share to be held by trustees to invest in securities etc. to be paid to his children if he died or, if he died childless, to the children of the other siblings; testator made Edward Woakes and James Harris his executors and trustees (2) Joseph Wren died in Mar 1845 leaving his wife Sarah and his children William, Anne, Henrietta, John, George, Frederick, James and Amos Wren and Mary Bunyan survivors (3) Joseph Wren was seized of a dwellinghouse, a wheelwright's shop, ten cottages, a large well built barn, a well, a highly productive garden and an orchard in Luton (4) Edward Woakes and James Harris alleged that there were incumbrances on Joseph Wren's property at his death (5) Joseph Wren's will was proved by Edward Woakes and James Harris in Archdeaconry Court of Bedford on 14 May 1845 (6) Sarah, Joseph's widow, entered into possession of his premises on his death and continued in possession until her death (7) Frederick Wren died some time before, having married and left children - George, David, Harriet and Elizabeth Wren (8) James Wren was at Joseph's death, and was still residing abroad, out of jurisdiction of the court, David Wren was also living abroad out of jurisdiction of the court (9) Sarah, Joseph's widow, died on 8 Mar 1855, Edward Woakes and James Harris then entering into possession of the premises (10) After Sarah's death, Amos Wren made several applications to the trustees, Edward Woakes and James Harris, asking them to sell the real estate and execute the will, they refusing to do so; Amos Wren then discovered that the trustees, on 24 Mar 1856, without any notice to him, auctioned the real estate at Luton in one lot, 990 being bid, which was well under the estimated value, and the lot was bought in at 995 (11) The trustees had ascertained that the real estate was worth between 1,200 and 1,300, nevertheless, they entered into a binding contract with Thomas Sworder of Luton, attorney at law, for sale to him for 950, 40 less than was bid at the attempted auction (12) Edward Woakes and James Harris entered into the contract with Thomas Sworder without communicating to Amos Wren and Amos Wren contended that they should make good the sum between 950 and the true value of the real estate (13) Edward Woakes and James Harris ought to account for the rents and profits of the real estate since the death of Sarah Wren (14) If the contract with Thomas Sworder was not binding then the real estate ought to be sold under the direction of the court (15) Edward Woakes and James Harris had documents in their possession (probate, deeds etc.) which should be produced to ascertain the truth PRAYER: (1) That account be taken of the rents and profits of the real estate accruing since the death of Sarah Wren (2) If the contract with Thomas Sworder was binding, that it be carried into execution by the court, and if it was not binding that the real estate be sold under direction of the court (3) An account be taken of incumbrances affecting the real estate at death of Joseph Wren, what was now due and to whom etc. (4) An account be taken of legacies bequeathed by Joseph's will (5) That, if the contract with Thomas Sworder was binding, the court ascertain the value of the real estate at the time of the abortive auction (6) That Edward Woakes and James Harris be made liable to make good the difference between the sum contracted to be received from Thomas Sworder and the true value of the real estate (7) That the incumbrances and legacies be paid from the produce of the sale of the real estate and that the residue, with the sum to be made good by Edward Woakes and James Harris, and with rents and profits due since the death of Sarah Wren be divided among the offspring of Joseph and Sarah Wren (8) That Amos Wren might have further relief as the nature of the case required Signed by C.M.Elderton
  • Date free text
    1857
  • Production date
    From: 1845 To: 1857
  • Level of description
    item
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