Bedfordshire Archives Service Catalogue
  • Reference
    RO14/63
  • Title
    Decree in Chancery William Belasyse esquire, Bridget Belasyse, infant, by her father (plaintiffs) v. Thomas Uthwatt esquire and wife Catherine, John Eckersall esquire, James Eckersall esquire, George Eckersalll gentleman, Elizabeth Bridges, widow, Margaret Johnson, widow, Sydenham Malthus and wife Ann, Christopher Arnold, His Majesty's Attorney General
  • Date free text
    11 Feb 1737/8
  • Production date
    From: 1737 To: 1737
  • Scope and Content
    William Belasyse esquire alleged that Rupert Billingsley esquire being seised in fee of freehold lands, having considerable personal estate and several Exchequer annuities for 99 years before marriage with wife Mary by 5 deeds poll dated 13 August 1713, assigned said annuities to Jonathan Watson and Charles Johnson esquire in trust for said Mary to receive the same for life after his death and then to assign to their children. Recites his will and bequest to only child Bridget. Mary takes on execution of will; Recites will of said Mary [see RO14/58] who died leaving some of the goods of her late husband unadministered// Plaintiffs case that wills of Rupert and Mary Billingsley were not duly made; that Rupert had no power to dispose of the Exchequer Annuities; on their death daughter Bridget became seised of estate and died in 1735 at which her husband William Belasyse became seised and on his death it should go to his daughter Bridget Recites: RO14/58 and RO14/59 James Eckersall's administration has ceased and he should be accountable to William Belasyse defendants: claim that property is vested in trustees and charitable bequest should be performed since Bridget died a minor and residue should be divided amongst sisters of Mary Billingsley plaintiffs: will ought to be expounded as it cannot have been the intention of the testatrix to disinherit Bridget Belasyse, then unborn defendants: insist that plaintiffs are not according to will entitled to said estate and James Eckersall insists on retaining possession of the same; Christopher Arnold, administrator to Jonathan Watson who survived Charles Johnson refuses to assign Exchequer Annuities; Attorney General insists on performance of charities plaintiffs want defendants to account for estate and deliver possession to William Belasyse and join in the assignments to preserve the estate for Bridget Belasyse Defendants allegation: doubt that Bridget Belasyse dying before 21 could dispose of estate of her mother; believe estate should be used for said charity and testatrix's sisters Catherine Uthwat and Ann Malthus have same father as Mary Billingsley but different mother; hope they are considered as sisters as much as her full sisters Elizabeth Bridges, Margaret Johnson and the late wife of James Eckersall; at time of making of will testatrix had a married brother George Eckersall says that Rupert Billingsley in 1720 subscribed all said Exchequer Annuities into capital stock of South Sea Company the produce whereof is now vested in Christopher Arnold on said trusts and said Rupert understood that thereby he had destroyed trusts created by said Assignments and that then he alone had power to dispose of produce of said stock; often in conversation Rupert said he would make a fortune of £10,000 for his daughter Bridget which he said was a sufficient fortune for any woman whatsoever; defendant believes personal estate without said trust stock produce was not sufficient to pay Bridget this sum; doubts whether plaintiffs are entitled to estate of Mary Billingsley since Bridget was a minor; said defendant as heir of his late mother Jane Eckersall, one of the 3 sisters of testatrix, claims he is entitled to 1/3 of testatrix's real estate James Eckersall says Bridget Billingsley was 12 at mother's death; Recites RO14/58 by virtue of which he took possession of estate and paid most of her debts etc. and maintained Bridget until marriage; Bridget was 17 on 15 April 1732 and then proved will (RO14/59) and took on management of her mother's personal estate and sold so much of the stock in the names of her parents as would pay the legacy of £10,000 to her and £500 more for her wedding clothes and other necessaries; plaintiff admits he has received produce of estate of Mary Billingsley and has not come to any account thereof but was willing to do so; defendant claims that in right of wife Jane (one of the sisters of Mary Billingsley and survived her for 2 years) he is entitled to 1/3 of residue of personal estate Elizabeth Bridges and Margaret Johnson claim each to be entitled to 1/3 of residue of said estate being both full sisters to said Mary Christopher Arnold is surviving executor of Watson the surviving trustee in said Assignment; will assign as the court instructs Attorney General requests the court to take care of the Charity Decree on hearing deed of 13 August 1713, the will of Rupert Billingsley 28 October 1720 and of Mary Billingsley 22 July 1727, the Chancellor decreed: the wills were duly proved and ought to be performed William Belasyse as administrator of his wife is entitled to residue of personal estate of Mary Billingsley and to an account of personal estate of Rupert Billingsley to be taken by Master of the Court, for taking which plaintiff is to bring Administration de bonis non with will annexed before said master (RO14/64); what on this account shall appear clear surplus of personal estate of Rupert is to be considered as part of personal estate of said Mary; if his personal estate cannot satisfy legacy of £10,000 to daughter then the sum is to be completed by a charge on real estate. Master also to take account of personal estate of Mary which came to hands of James Wckersall or William Belasyse or his late wife and the surplus of said Mary's personal estate is to be paid to William Belasyse as administrator of his late wife Master also to take account of annual produce of the Long Annuities received by James Eckersall and what is found due is to be paid William Belasyse as administrator of his late wife Christopher Arnold is to assign Long Annuities to William Belasyse and also authority to receive any arrears due thereon Real estate to make good any deficiency of the £10,000 and also subject to the £6,000 for charitable uses; subject thereto William Belasyse is entitled to same for life and after death his daughter is entitled thereto. Master to take account of profits from real estate which has come to the hands of James Eckersall; what is due until the death of plaintiff's wife to be paid him; judgement reserved on what is due from death of said wife until it is seen if real estate is sufficient to satisfy the charges thereon Real estate to be sold; reserves judgement on disposal of profits until after said master's report Costs to be paid out of estates
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