Reference
X440/212
Title
Copy of Decree in Chancery
Date free text
23 May 1787
Production date
From: 1779 To: 1787
Scope and Content
i) John Brooke, clerk (plaintiff)
versus
ii) Richard Rudd
the Reverend John Hubbard
Mary Elizabeth Rudd infant (by Richard Rudd her father)
Mary Thackwray
Charles Frederick Brooke, (Defendants)
Substance of plaintiffs bill appeared to be that:
Ann Brooke of Titchfield Street in St. Mary le Bone, Middlesex, being seised of considerable real & personal estate on 13 February 1779 made will [recited - see X440/213] she died October 1780; Richard Rudd proved will & took on execution; took possession of personal estate, received profits of real estate, sold part of real estate & received purchase money; i) has requested account of personal estate not specifically bequeathed & profits of real estate & to have legacy of £500 bequeathed to him but Richard Rudd refuses to comply. John Hubbard (testatrix's heir at law) disputes validity of will; Charles Frederick Brooke claims to have mortgage on testrix's real estate; the other defendants obstructing the plaintiff’s claims
requests:
that defendants may answer aforesaid matters; will may be established & the trusts performed; Richard Rudd to admit that he has received assets enough to satisfy said legacy or else an account be taken; that said legacy of £500 be paid & if personal estate not sufficient for this then part of real estate to be sold.
Counsel for defendant alleges:
Ann Brooke's only real estate was copyhold estate at Biggleswade & moiety of estate in Norwich; she died 8 October 1780; he proved will & discharged funeral expenses & debts he thought to be immediately paid; in schedule to his answer has set out account of all personal estate not specifically bequeathed; has received some rents; has sold said moiety for £315; testatrix was indebted to him in £700 & he refuses to satisfy demands on him until he receives judgement of court as to whether said real estate is liable to same & if so, insists he may keep enough of produce of real estate to make good deficiency of personal estate in payment of said debt & other debts due to creditors; that plaintiff cannot be entitled to receive £500 out of personal estate of testatrix as it is insufficient to pay her debts & plaintiff not entitled to be paid out of real estate until debts are discharged; hopes to receive allowance for the management of estate, receipt of rents etc.
counsel for defendant Mary Elizabeth Rudd infant alleges:
she claims £500 legacy.
Counsel for defendant John Clark Hubbard alleges:
admits he is nephew & heir at law of Anne Brooke, duly executed will by which real estate & personal estate duly passed.
Counsel for defendant Mary Thackeray alleges:
she claims to be entitled to £100; if personal estate deficient should be made up out of real estate & claims to be entitled to household furniture being specifically bequeathed her.
Counsel for defendant Charles Frederick Brooke alleges:
that in 1757 James Brooke his father was admitted tenant on surrender of Albion Throckmorton, John Parleseward [sic] & William Farrer esquires, of copyhold premises held in manor of Biggleswade & that by Indenture of same date: (i) James Brooke the father (ii) Thomas Brooke (iii) Collins Smith reciting aforesaid admitted it was declared that aforesaid premises belonged in equity to (ii) & then surrendered to (i) for securing to him payment of money as should be advanced by James Brooke for (ii) & interest thereof & believes (i) advanced to (ii) on security of said copyhold lands £939.12.3 much of which was paid off by sale of part of the premises. Recites will of Thomas Brooke [see X440/213]; James Brooke died 1785 leaving said defendant eldest son & heir & sole executor & he has proved will. From father's papers it appears £28.7.0 principal from Thomas Brooke which is still due with interest at 5% from 13 April 1781; on being paid principal & interest will surrender all rights to premises.
Decree:
Will ought to be established & trusts performed; Mr Popham one of the masters of this court to take account of personal estate not bequeathed come to hands of Richard Rudd & debts, funeral expenses & legacies & particularly what is due to Charles Frederick Brooke on mortgage; advertise in London Gazette for creditors; personal estate to be applied to pay debts & funeral expenses, residue to be paid into bank; also to take account of profits of real estate & to be paid into bank; to enquire what part if any of real estate has been sold & take account of proceeds; remaining real estate to be sold to best purchaser & proceeds to be paid into bank.
Level of description
item