Scope and Content
Chancery case Browne versus Browne and others [running to 112 pages] in which Mary Browne complained that she had been defrauded of a portion of £4,000 by her uncle Thomas Browne, doctor of physic, Sir Francis Saint John, baronet and Oliver Saint John and quoting the following documents and events as follows:
- AN29/1]
- will of Thomas Browne the grandfather of 20 March 1713 [1714] devising real estate of which he had power to dispose to trustees named in the will and directed they should hold them to the use of Samuel in tail male, in default of which to his son John in tail male, in default of which to his son Thomas, in tail male in default of which to his own heirs for ever;
- Thomas Browne the grandfather died on 8 June 1714 and John Browne died in the same year, without issue;
- will of Samuel Browne of 18 October 1716 devising his real estate according to the limitations of his marriage settlement and his father’s will and recited a term of 100 years for raising portions and maintenance for children other than the heir at law and directed that (3) should raise money as follows: for one son £3,000 but for one daughter £4,000, if two or more children £6,000 to be shared equally between them payable to sons at 21 and daughters at 21 or marriage if sooner and that yearly sums should be raised for education and maintenance as Oliver Saint John, Thomas Browne and Isaac Ewer should think fit;
- Samuel Browne died on 26 January 1716 [1717] leaving issue Thomas, their only child and heir at law but leaving Mary pregnant with the complainant who was born 21 April 1717, who was only daughter and became entitled to the sum raised by trustees for 100 years for maintenance from rents and profits but also to the sum of £4,000 as her portion when she became 21 or married if sooner;
- Thomas Browne, the complainant’s brother died on 21 March 1721 [1722], aged six when all real estate descended to the defendant Thomas Browne in tail male and that he had been in possession of it ever since;
- the complainant became 21 on 21 April 1738 and became entitled to her £4,000 portion or at least the £3,000 plus what was due for maintenance and she applied to the defendants Thomas Browne, Sir Francis Saint John and Oliver Saint John but Thomas Browne refused payment of the portions of £4,000 or of the portion of £3,000 and refused to allow either sum to be raised out of the real estate;
- the defendant Thomas Browne refused to give the complainant an account what maintenance had from time to time been agreed to be paid and to whom it had been paid or what remained to be paid;
Therefore Mary Browne prayed assistance as follows:
- the defendants were to answer the premises;
- that Thomas Browne should set forth the marriage settlement and portion of £4,000 or such other portion to which the complainant was entitled together with what was due for maintenance and interest on her portion from attaining the age of 21 and that the portion should be raised by sale of mortgage of the charged estates
Thomas Browne’s defense quoted the following documents and events:
- marriage settlement of Thomas Browne of 3 October 1682 between (1) Thomas Browne, (2) Sir Walter Saint John, baronet and Francis Saint John, esquire, (3) Richard Winch and Thomas Serjeant and (4) Mary Barnard in which £3,425 was agreed to be paid as Mary Barnard’s portion, Thomas Browne granted to (2) (a) the Manor of Arlesey, (b) piece of land called Walkland Piece of 12 acres, (c) Arlesey Bury House, (d) Rectory impropriate, glebe and tithes of Arlesey, (e) Church Close of 12 acres; (f) Bush Close, Calves Close and Little Hill Close of 16 acres; (g) Deley’s Duck Meadow and Cox’s Meadow of 9 acres; (h) Great City and Little City of 14 acres, (i) Great Hill Close, Fuller’s Close and the Grove of 28 acres by way of mortgage for 500 years subject to a proviso for making void on Thomas Browne paying £4,800 within three months of the marriage to (2) and it was agreed that £3,225 of the £3,425 plus the £4,800 should by (2) and (3) be used to purchase freehold within 60 miles of City of London and settled to the use of (1) for life, remainder to two trustees to be nominated by (2) during the life of (1) with remainder to (4) for life for her jointure, remainder to first and other sons of the marriage in tail male and, in default, to the use of two other trustees for 200 years to raise portions and to maintain any daughters with remainder to (1);
- lease and release of 3-4 October 1682 between (1) Thomas Browne, (2) Richard Winch and Thomas Serjeant; (3) Mary Barnard in which (1) granted the manor of Arlesey to (2) to hold to the use of (1) and heirs male begotten on the body of (3) with remainder to the use of (1) in fee;
- in 1692 £5,000 (part of the sums of £3,225 and £4,800) was used to purchase the Manor of Little Barford and lands in Little Barford, Tempsford, Eynesbury and Waresley, purchased by lease and release of 20-21 May 1692 between (1) Jasper Edwards and (2) Thomas Browne, Sir Walter Saint John and Francis Saint John;
- indenture of 9 July 1713 between (1) Sir Henry Saint John, baronet, son and heir of Sir Walter Saint John and (2) Thomas Browne after the legal estate of the Manor of Little Barford had become vested in (1) due to the deaths of Sir Walter Saint John and Francis Saint John and conveying the property to the use of (2)
- will of Thomas Browne of 20 March 1713;
- death of Thomas Browne the grandfather and John Browne;
- will of Samuel Browne of 18 October 1716;
- death of Samuel Browne;
- no recovery or fine to bar entail had ever been made by Thomas Browne the grandfather or Samuel Browne;
- in April 1721 Isaac Ewer at request of complainant’s mother drew up a case for Mr Horseman’s opinion regarding allowance of the complainant’s maintenance “and he was of opinion it ought to be moderate not only as she had considerable advancement by her said father’s and brother’s personal estate but also considering the smallness of that part of the real estate charged with the said maintenance” and suggesting maintenance: from 4 to 8 years old £30 per annum; from 8 to 12 years £50 per annum; from 12 to 16 years £70 per annum; from 16 to 21 years or marriage £100 per annum; the eventual maintenance amounted to £1,750.
Sir Francis Saint John and Oliver Saint John said they would behave as directed by the court
Judgement: was based on indentures tripartite of 4 October 1682 and AN29/1 and declared that Mary Browne was entitled to a portion of £3,000 raised from the settlement at AN29/1
Order to refer to Mr Holford, a master in Chancery, to take account of what was due to Mary Browne for a portion of £3,000 and interest at 5% from her 21st birthday and for arrears of maintenance at £100 per annum from the time of the last payment until her 21st birthday
Order that the portion of £3,000 be raised by mortgage or sale of the premises in AN29/1
[For report of master of 18 July 1740 and taxation of costs see AN29/3]