RO1/22

Copy of Decree in Chancery

8 May 2 Geo. [1716]

From: 1716 To: 1716

plaintiff: Honourable Bertram Ashburnham esquire, eldest son of Right Honourable John late Lord Ashburnham deceased defendants: Right Honourable John Lord Ashburnham, Right Honourable Bridget Lady Dowager Ashburnham relict of aforesaid John late Lord Ashburnham, Jane Ashburnham, her daughter, James Hayes esquire and wife Elizabeth, Richard Hoare knight, Richard Webb esquire, John Osborne baronet, Edward Southwell esquire also: plaintiff: said Right Honourable John Lord Ashburnham defendants: Bertram Ashburnham esquire, Bridget Lady Dowager Ashburnham, Jane Ashburnham, James Hayes and wife Elizabeth, Richard Hoare knight, Richard Webb esquire, John Osborne baronet, Edward Southwell esquire, Right Honourable Earl Pawlett pg.1 Bill of Bertram Ashburnham plaintiff to have will of John late Lord Ashburnham performed and an account of his personal estate taken and his real estate and the residue of his personal estate after payment of debts and legacies settled upon uses mentioned in his will pg.11 Answer of John Lord Ashburnham submits to account for personal estate of late lord John come to the hands of late Lord William as well as now Lord John but insisted to be allowed thereout £6,000 which by will of late Lord John he had power to charge on said estate and also £5,000 paid by him for purchase of Priors Farm in Bedfordshire late estate of Sir John Mordaunt and £334 paid to Earl of Westmorland for purchase of fee farm rents issuing from lands in Mardriffe and Caldecott in Carmarthen and 4 sums amounting to £999 for purchase of lands near Ashburnham Park, Sussex, which purchases were made out of personal estate of late Lord John and were either settled on now Lord John or he offered to settle the same as directed by late Lord John’s will pg.33 Answer of Lady Dowager Ashburnham and daughter Jane pg.37 Answer of James Hayes and wife Elizabeth Answer of the trustees pg.39 Cross Bill of defendant Lord John Ashburnham to compel performance of marriage articles of late Lord William and £5,000 per annum settled pursuant to the trust therein pg.40 Answer of Bertram Ashburnham to Cross Bill pg.42 Answer of Lady Dowager Ashburnham, Jane Ashburnham, James and Elizabeth Hayes and trustees to Cross Bill Answer of Lord Pawlett to Cross Bill (William Lord Ashburnham had been executor of the will of his late father, John late Lord Ashburnham and had himself died before completing payment of all debts and legacies; John now Lord Ashburnham was executor of William’s will and hence undertook execution of late John’s will. Elizabeth was daughter of late John and married James Hayes during her father’s lifetime without her father’s knowledge but with the consent of Lady Bridget, William and the now Lord John) pg.43 Decree: John now Lord Ashburnham to account before master of court for personal estate of John late Lord Ashburnham come into his hands or to the hands of late Lord William and is to be examined on interrogatories and is to be allowed his legacy of £10,000 given by his father’s will and £6,000 which he has thereby power to charge All mortgages in fee made to said late John are to be accounted for as part of his personal estate and trustees are ordered to convey to John now Lord Ashburnham premises conveyed to late John by way of mortgage in order to enable John now Lord Ashburnham to recover monies due thereon Master to look into the purchase of lands made with part of personal estate of late John to certify they are fitting to be settled according to the will of late John; then the same are to be duly settled Master to make account of debts of late John still unpaid and interest due thereon Legacy of £5,000 given to Elizabeth – since she was married in testator’s lifetime the condition in the will relating to the same does not bind and the same is a subsisting legacy and the remainder thereof ought to be paid to her Trustees ought to be paid their legacies Master to further examine the matter of £6,000 demanded by John Lord Ashburnham, which William Lord Ashburnham has power by will of late John to raise for payment of debts Defendants Earl Pawlett and Mr Southwell to convey to now Lord Ashburnham the several marsh lands in tail male pursuant to deed of 15 October 1702 subject to rent charge therein mentioned. Master to investigate claims of the several parties to real estates of late John and see how their titles lie. Court reserves directions touching disposal of surplus of personal estate until after master’s report; costs to be taken out of estate Copy examined by G Boucher and Richard Whitbourne

item

Ashburnham, Bertram,
Ashburnham, John,
Ashburnham, Bridget,
Ashburnham, Jane,
Ashburnham, William,
Hayes, James,
Hayes, Elizabeth,
Hoare, Richard,
Webb, Richard,
Osborne, John,
Southwell, Edward,
Cooper, Anthony, Ashley,
Mordaunt, John,
Westmorland, Earl of,
Boucher, G.,
Whitbourne, Richard

wills, legal papers, fee farm rents, Carmarthen, Ashburnham, mortgages, Chancery, legal process, trustees