Trigg v Trigg

Chancery Case - Complainant Temperance Trigg, defendant John Trigg 

Complaint

To the right hono^rable ffrances ? of Guildford Lord Leeven? Of

The Great Seale of Englande

 

Complayning sheweth unto your Lordship your Oratrix Temperance Trigg of Dorking in the County of Surrey widdow & executrix of the Last Will & Testam^t of Henry Trigg late  of Dorking

Aforesaid Widow? Shanden deceased that this said Henry Trigg having a competent estate and being in his life tyme & at the time of his death seized in ffee simple of & in a messuage or tenem^t

w^th the outhouses yards garden & apptenances thereto belonging, situate in Dorking aforesaid in the will hereafter recited pticulerly mentened and having a great kindnes for your Oratrix

w^th whome hee had a considerable pourcond did often declare & express that hee would give the said messuage & ?in?les from & Imediatly after his death to your Oratrix

forever And pursuant to the said promises & declaratory hee the said Henry Trigg being of sound pfect and Disposeing minde and memory did on or about the eight and twentieth day of Aprill in

the yeare of our Lord God one thousand Six hundred and eighty & two duely make publish and declare his last will & testament in writing in these words or to the very effect following viz in the name of

God Amen the Eight & twentieth day of Aprill in the foure & thirtieth yeare of the reigne of our Sovdaigne Lord Charles the second by the grace of God of England Scotland ffrance & Ireland

King defender of the faith or Anno Dom 1682 I Henry Trigg of Dorking in the County of Surrey Tallow chandler being well in body & of sound & pfect memory praised be the Lord

therefore & considering the uncertainty of this transitory life renouncing and revoking all former wills whatsoever by mee heretofore made & published do make publishe and declare this my

Last Will & Testam^t in manner & forme following wherein first I bequeath & yeild up my soule into the hands of Almighty God my Creator that gave it & my body to the Earth untill the

resurreccon hopeing by the merritts death & passion of my only Savio^r Jesus Christ & by noe other meanes to hand Remission of all my Sinns & to enjoy eternall life in the Kingdome of Heaven

and I will that my body be decently buryed by the dirreccon of my executrix & hereafter in this my will named & as touching the disposing of all such Lands Tenem^ts Goods Chattels debts

& hred:tts w^th God hath blessed mee w^th all in this Life I give devise & bequeath the same in manner and forme following And ffirst I give and bequeth unto the poore of the parish of Dorking

aforesaid the sume of fforty shillings of Lawfull money of England to be paid unto the churchwarden & overseers of the poore in three months next after my decease & by them to be

distributed among the said poore Item I give and devise unto my loveing wife Temperance Trigg & to her heirs & assigns forever All that my messuage or tenem^t yard workehouse Ediffices

& buildings w^th them & eny of the apptennences w^th all ways & passages thereunto belonging situate lying and being in Dorking aforesaid & now in the tenure or occupation of me the said

Henry Trigg or my assignes or undertennts To have and to hold the said messuage or tenem^t yards workehouse Ediffices & buildings ways & passages w^th their eny of their apptennces

unto my said wife Temperance Trigg her heires & assignes forever Item I doe Ordeyne & appoint the said Temperance Trigg my Loveing wife to be my sole Executrix of this my last will and testam^t

to whom I give all and singular my goods chattels debts and hreditts whatsoever after my debts Legacye & funerall shal be fully sattisfyed Contented & paid I witness whereof

to this my Last will & testam^t I have hereunto set my hand & seale the day & yeare first above written which will being duely signed sealed & published by the testato^r in the Essence of

ffoure Credible witnesses who duly subscribed the forme hee the said Testor shortly after vczt? about the                day of June Last past departed this life w^th out issue and your

Oratrix took care of his ffunerall caused him to be decently Interred suitable to his quality and hath since paid his debts as farr as shee hath received out of his estate and caused the

said will to be duly pved in the voer? Court and did expect & hope that shee should have had the said execeable? enjoym^t of the pmises according to the devise and intencon of her

said Testator But soe it is may it please your Lordshipp that John Trigg of Southwarke in the County of Surrey Grocer brother & heire of the said Testator doth now ptend and give out

in Speeches that the said Testator was only Tennt for Life or in Tayle of the said p^rmisses the remainder to the said John Trigg & his heires & at other

times that the said Testator at the time of makeing and publishing his said will was not Compos Mentis & did not know or understand what he did and that at other times that though

hee did duely make publish & declare his said will in the very words or to the Effect before sett forth yett that hee the said Testator did afterwards make another will or some

Coddicell or writeing whereby hee Revoked the said will above recited and p^rtends that he the said John Trigg as heire at Lawe is intituled to the said p^rmisses and although hee the

said John Trigg doth well know that the said Testator at the time of making his said will was seized in ffee as aforesaid and was of sound & pfect minde &  memory & did make

his said will as is above sett forth yett doth hee the said John Trigg declare that when the witnesses                 to this said will should be dead or removed that the said John as heire at Lawe

will bring his accord in Ecectm^t for the said p^rmisses or will by forme other wayes or meanes oust your Oratrix or her heires hee being heire at Lawe to the said Henry Trigg the Testator

And in case the said witnesses who are aged & infirm shall depart this life or go into Later remote or unknowne Soe that your Oratrix may not be able to exture their Testimony

at any Tryall at Lawe your Oratrix & her heires being deprived thereof may Loose the benifitt of the Testimony & her Estate in the p^rmisses for want of due proof of the said will

for pseocacon? of w^th Testimony shee is utterly remediles save before your Lordshipp before this hono^ble Court where she humblie hopes the said John Trigg if called thereto will acknowledge

and confess the truth of what is sett forth and that your Oratrix may be permitted to examine her witnesses to the makeing publishing & declareing the said will by the said

Testator whilest hee was of sound & pfect minde & memory & that their testimony may be perpetuated & served in this hono^ble Court so that shee may at any time hereafter

hand the benifitt thereof at or upon any tryall at Lawe or otherwise as occasion shall require to the end thereof that the said John Trigg may truly Answer all and Singular the p^rmisses

and may show cause if hee can why your Oratrix may not examine the said witnesses to perpetuate and serve their Testimony in this hono^ble Court and to the end shee may soe doe

and that their depositons soe to be taken may be here perpetuated & o^bserved and that shee or her heires may have the benifitt thereof as occasion shall require and that shee

may be herein relieved according to Equity & Conscience may it please your Lordshipp the p^rmisses considered to grant unto your Oratrix his Ma^ties most gratious writt of subpoena

to be directed to the said John Trigg therebvy comanding him at a cerrtaine day & vudor? A certaine payne therein to be kimitted psonally to be & appeare before your Lorshipp

in this hono^ble then & there upon his corporall Oath to answer all & singular the p^rmisses & further to stand to & abide such further Order & directions therein as yo^r Lordshipp

shall thinke fitt & your Oratrix shall ever pray

 John Trigg’s Response

 

Jurat 10^e did decem: 83 Go? god?           The Answer of John Trigg Defendant to the bill of Complaint of Temperance Trigg of Dorking in the

                                Powell                     County of surrey widdow and executrix of the Last Will and Testmanent of Henry Trigg late of Dorking

                                                                aforesaid & Tallowchamdler decd Complainant

 

The said defendant saveing unto himselfe all advantage of exepions to the many uncertaintys and insufficiences of his said complainant’s

Bill of Complaint ffor answer thereunto for so^c? much thereof as is materiall for this defendant to answer thereunto saith that he believes

it to be true that the said Henry Trigg in the Bill named was in his life time and at the time of his death seized in the ffee simple of

and in a messuage or Tenement with the Outhouses yards gardens and Appurtnces thereunto belonging situate in Dorkeing in the

County of Surrey Butt knoweth not of any promise That the said Henry Trigg did make That he would give the said messuage and

p^rmisses from and Immediately after his death to ye said complainant and her heires for ever Butt believeth it to true Butt knoweth

it not from his owne proper knowledge That the said Henry Trigg being of sound perfect minde and memory did on or about the time in

the said Bill for that purpose mentioned make his last Will and Testament in writing in such words as in the sett Bill it sett

fforth or to such like effect for the more certainty whereof this defendant doth referr him Lesse to the said  Last will and Testament

And this defendant further saith That hee beleiveth it to be true that the said Henry Trigg about the time in the said Bill for

that purpose mentioned departed this life without Issue and that the complainant tooke care of his ffunerall Butt knoweth not

whether hee the said Henry Trigg was Interred suitable to his quality or Estate or not or whether she the said complainant

hath since paid his debts as far as she hath received out of his Estate And this defendant further saith That hee is  Advised by

his Councell That hee this defendant is heire att Law to the said Henry Trigg being his near and Imediate Brother and noe

other Elder Brother or amy of his Issue surviving And this defendant further saith That he knoweth not ?? hath overheard of

any other last Will and Testament made or pretended to be made by the said Henry Trigg other then what is in the said Bill

of Complaint it pretended to be made by him butt this defendant saith that he beleives it to be true and is so advised that

he hath a good right and Title to the out houses or some part thereof pretended to be devised by the said will to the said

Complainant and hopes in die time to make out his title at a Tryall at ye Comon Land to be had for the sume And this

Defendant further saith that he doth in noe wise oppose the Complainant in making Legall proofe of the Last Will and

Testament of the said Henry Trigg or to Examine for the perpetuating their Testimony without that any

any other matter of thing in the said Bill of Complaint conteyned and not therein and hereby well and insufficiently  confessed

and advised Traversed and ordeyned it true to this defendants knowledge All which matter this defendant is ready to attest?  ??

Aver and prove at the honorable Court shall Award and prayeth to be dismissed out of the same with his reasonable

Costs and Charges in this behalde wrongfully suffered

                                                                                                                                                James Codlington