Chancery Case Richard Smither and Temperance Smither v George Denyer…

 

 

To the right honorble George Lord Jeffryes Baron of Wem & Lord

High Chancellor of England

 

Humbly complayning sheweth unto yor Lordship yor Orator & Oratrix Richard Smither of Dorking in the County of Surrey Gent & Temperance his wife Late the widdow & Relict of Henry Trigg late of Dorking aforesaid Tallow Chandler

deceased whoe was Sonne & devisee of Jane Trigg late of Dorking aforesaid widdowe deceased & brother & heire of Edward Trigg late also of Dorking aforesaid your decd whoe was Eldest Sonne & heire of the said Jane Trigg by Henry

Trigg decd her late husband That the said Jane Trigg in her life tyme & at the time of her decease by ye devise of her said late husband by his last Will and testamt duely made and published  - - - was seized in her demeasne as of ffee & in

three sevrall messuages or Tenemts wth the workehouses Stables Ediffices buildings cellars yards passages backsides & gardens thereunto belonging situate lying & being in Dorking aforesaid & in the sevrall tenures or occupaconsof her the said

Jane Trigg & of William Yates John ffreeland & William Gravett & that shee having had occasion for moneys to pay her said late husbands &  Testators debts & Legacyes had by Indenture of Lease bearing date on or about the eighth day od Aprill in the

yeare of our Lord one Thousand Six hundred Seaventy & eight mortgaged the said three messuages with the apps tenances devised unto her as aforesaid - - - - - - - - - - - - - - - - - - -unto Daniell Johnson of Dorking afore??

Gent for the Terme of ffive hundred yeares from thence next ensueing & fully to be compleate & ended wth out Impeachmt of wast under the yearely Rent of a pepper corne payable at the feast of Thanunciacon of the blessed virgin

Mary if demand wth a pvisoe or condicon therein comprized for the making void the said Indenture upon paymt of the sume of one hundred & five pounds to the said Daniel Johnson his executors admstrators or assignes at certaine

dayes in the same Indenture expressed as in & by the same Indenture if your Orators had the same to pduce more at Large it doth & may appeare And yor Orators further show that the said Jane Trigg being desireous that her debts should bee

duely paid and the rest of her Estate devided amongst her children as shee thought fitt did on or about the ffifteenth day of November one Thousand Six hundred Seveanty & nyne make & duely publish & declare her last will and testamt

in writing & thereby did give unto her sonne John Trigg one hundred pounds unto her daughter ffrances Trigg one hundred pounds & unto her sonne William Trigg one hundred pounds to be paid unto them at the sevrall dayes & tymes as by

their ffather Henry Triggs Last will & Testamt was Limitted & appointed over & above such moneys costs & charges as they or any or other of them then had of her or put her to & thereby gave sevrall other Legacyes And did thereby alsoe Give & devise

unto her said sonne Henry Trigg his heires & assignes forever All that the messuage Tenemt Ediffices & buildings wth their & eny of their apptennces in Dorking aforesaid wherein shee then dwelt And the Revrcon &  revrcons remainder

& remainders thereof & all her Estate right Title Equity of Redempcon of in or to the same To have & to hold the said messuage or Tenemt or pmisses wth thapptennces unto him the said Henry Trigg his heires & assignes for ever Subiect

to the payment of Twelve pounds And unto her mother in Lawe Elizabeth Bothell during her life And alsoe in &  by the same will & did Give devise &  bequeath all those her Three messuages or Tenemts yards Gardens Outhouses

Ediffices &  buildings wth their & only of their apptennces then in the sevrall tenures or occupacons of William Gravett John ffreeland & William Gates Situate in Dorking aforesaid unto her said Sonne Henry & her Sonne in Lawe

George Denyer their heires & assignes forever to be by them Sold for the raiseing of maoneys to pay her debts & Legacyes & made them the said Henry Trigg & George Denyer her executors as in & by the ?? will amongst other –

thinges relacon being therevuts had more at Large appeares and Shortly after the said Testatrix departed this life & the said Henry Trigg & George Denyer in due forme of Lawe pved the said will & tooke upon them the Ececucon thereof

And possesst themselves of of the psonall Estate of the said Jane Trigg wch was sufficient of it selfe wth out the sale of the said messauges to pay all the Just debts & the Legacyes of the said Testatrix And they the said Henry Trigg & George Denyer

out of the psonall Estate of the said Jane Trigg and Sattisfy & pay all the debts & Legacyes of the said Jane Trigg Except the one hundred pounds due to the said Mr Daniell Johnson upon the said mortgage wth hundred pounds they neglected

to pay And the said Mr Johnson having occasion for his money & the said Henry Trigg & George Denyer ptending they had not soe much money in their Custody norwilling to sell the said Three messuages or tenemts devised to be sold as

aforesaid the said George Denyer did Informe the said Henry Trigg that one Anne Reade of Ratcliffe in the pish of Stepney als Steboneth in the of Midds widdow Sister to the said George Denyer would Lend the said one hundred

pounds to pay of the said Mr Johnson if the said Mr John would assigne unto her his mortgage for the security thereof wth wth the said Mr Johnson being made acquainted consented thereto wherepon by certaine Indentures triptite

bearing date on or about the Tenth day of October in the yeare of our Lord one Thousand Six hundred Eighty & one made betweene the said Daniell Johnson of the first pte the said Henry Trigg and the said George Denyer Executors of the

Last Will and Testamt of Jane Trigg late of Dorking aforesaid widdow deceased of the second pte And this said Anne Reade by the name of  X X X X X X X X X X Anne Reade of Ratcliffe in the pish of Stepney als Steboneth in the

County of Midds widdow of the third pte Reciteing the aforesaid Indenture of mortgage made to the said Mr Daniell Johnson Hee the said Daniell Johnson for the consideration of one hundred pounds to him paid by the said Anne

Reade of the directon & apppointmt of the said Henry Trigg & George Denyer did by the consent & approbacon of the said Henry Trigg & George Denyer testifyed  by their being pties to Sealing of the same Indenture bargaine Sell

assigne transfer & sett over unto the said Anne Reade her Executors admstrtors & assignes the said X X messuages & pmisses & all the Estate of him the said Daniell Johnson of into or out of the said messuages & pmisses together wth the said

Indenture of Demise To have & to hold the said pmisses unto the said Anne Reade her executors admrs &assignes from thenceforth for & during all the rest residue & remainder of he said Terme of ffive hundred yeares together wth the

said recited Inenture of demise & grannt thereof wth a pvisoe & upon condicon new the leste(?) That if the said Henry Trigg & George Denyer or either of them their or either of their heires Executors or admstrators should well & truly pay or

cause to be paid unto the said Anne Reade her executors admstrators or assignes the full & Just sume of one hundred & ffive pounds of Lawfull money of England in manner & forme following That is to say Two pounds & Ten shillings

thereof of the Eleaventh day of Aprill next ensueing the date of the said Indenture & one hundred & Two pounds & ten shillings residue & in ull thereof on the Eleaventh day of October wth then should be in the yeare of our Lord one Thousand

Six hundred Eighty & Two at or wthin the then dwelling house of the said Anne Reade situate & being in Racliffe aforesaid wth out fraud That then & from thenceforth the said Indenture to be void or to that or the like effect as in & by

the same Indenture in the Custody of the said Anne Reade whereto relacon being had more at Large it doth & may appeare And your Orator & Oratrix further shew that the said Henry Trigg beleeving that the said Anne Reade would

not take any advantage of non paymt of the said One hundred & ffive pounds according to the prcise time in the pvisoe mencon delayed the paymt thereof but intended to pay the same soe soone as it might be raised out of the

remainder of the psonall Estate of the said Jane Trigg or by the sale of all or pte of the aforesaid three messuages or Tenemts wth thapptennces in the occupacon of the said William Gravett John ffreeland & William Yates so given to them by the will of the said

Jane Trigg as aforesaid but before the paymt thereof the said Henry Trigg departed this life having in his life tyme & whilst hee was of Sound & disposeing minde & memory duely made & published his Last will & Testamt in writing bearing date on or about

the eight & twentieth day of Aprill in the yeare of our Lord one Thousand Six hundred Eighty & Two And thereby gave & devised unto yor Oratrix Temperance his then wife & to her heires & assignes forever All that his messuage or Tenemt yard workhouse

Ediffices & buildings wth their & eny of their apptennces wth all wayes & passages thereunto belonging situate lying and being in Dorking aforesaid and then in the tenure or occupacon of him the said Henry Trigg of of his assigns or undertenants it being the same

messuage or Tenemt workhouse & pmises devised to him the said Henry & his heires by the said Jane Trigg his late mother as aforesaid to have & to hold the said messuage or Tenemt yards workehouses Ediffices & buildings wayes & passages wth their & eny of

their apptennces unto your said Oratrix her heires & assignes for ever & Gave other Legacyes & made your Oratrix sole Executrix as in & by the said will more at large it doth & may appear & yor Oratrix duely pved the said will & became well entitled

to the said devised pmisses And yor Orator & Oratrix about Six weekes since intermarryed & well hoped that they should quietly & peaceably have enjoyed the said messuage & pmisses wth thapptennces devised by the will of the said Jane unto the said

Henry & by the will of the said Henry devised to yor Oratrix in ffee as aforesaid But see as it may please your Lordshipp That the said George Denyer clayming an Estate of Inheritance in the Three messuages & Tenemts  in the tenure & ocupacon

of the said Gravett ffreeland & Yates by virtue of the will of the said Jane Trigg & by Surviveing the said Henry Trigg & designing to Lay the one hundred pounds morgage money upon the messuage & workehouse wth thapptennces devised to

yor Oratrix or to recover from yor Oratrix the Celler Stable woodhouse Baven yard & a passage or Entry betweene the Tenemt in the occupacon of the said William Yates & the Tenemt late in the ocupacon of the said John ffreeland wch Leadeth

to the said Cellar Stable woodhouse & Baven yard & see through the yard or backsides of the said Gravett & ffreeland to the Tenemt of yor Orators by virtue or colour of the said mortgage the same being included therein & doth clayme the whole

right to a well & house of Office adjoyning neare to the aforesaid passage All wch said Cellar Stable woodhouse Baven yard & passage was always used & occupyed by the said Jane Trigg & by her husband & Testator & alsoe by the said

Henry her sonne & devisee together wth the house wherein shee dwelt at the making her will & at the tyme of her death as pte of or apptennt to the same & was meant & Intended to passe by the devise as well of the said Jane to Henry her

sonne & by his devise to yor Oratrix as appurtennt to the said messuage & never was the same or any pte thereof in the tenure or possession of the said Gravett ffreeeland & Yates or any of them nor intended by the said Jane to be devised to be sold

nor ever was the aforesaid well & house of office in the Sole possession or occupacon of the said Gravett ffreeland & Yates but in comon wth the said Jane Trigg And that the said Jane Trigg gave & intended to give noe more by the devise in her will to the

said Henry Trigg & George Denyer tobe sold then what was then in the actuall possession of the said Gravett ffreeland & Yates And did devise & declare at the sealing and publishof her said will that shee intended that her said sonne Henry Trigg & his

heires should have not only the said messuage wherein she then dwelt & wch shee herselfe had purchased but also should have the said Celler Stable woodhouse Baven yard & all as was then in her occupacon or otherwise as shee very well

knew he could not follow or make the best benefitt of his Trade And the said Denyer & the said Anne Reade haue certaine knowledge that it was the intencon of the said Jane that her said sonne Henry should have & enioy all that was

then in her possession & devisded only the Three Tenemts in the possession of the said Gravett ffreeland & Yates to be sold for paymt of her debts & Legacyes & wch shee knewe would wth her psonall Estate pay & sattisfy all her debts & Legacyes

wth a great overplus But now the said Denyer being the surviveing devisee of Three Tenemts so devised to be sold designeing to wrong yor Orators of the said Celler stable wood house Baven yard & passage because the same are in

the said mortgage soe as aforesaid assigned to the said Anne Reade his Sister hee the said George Denyer hath entered into a combinacon & confederacy wth his said Sister & hath pvailed wth her to bring her accord in eiectmt against yor

Oratrix to recover the said Celler Stable woodhouse Baven yard & passage as pcell of the mortgaged prmisses & shee hath soe done & by default hath obteyned Judgmt & threatens to turn yor Orator & Oratrix out of the possession of the said Celler

Stable woodhouse Baven yard & passage although they the said Anne Reade & George Denyer or one of them sold the Tenemt back buildings yard & garden in the occupacon of the said William Gravett to him the said William for more money

then would haue sattisfyed the said mortgage & the other debts of the said Jane Trigg & the other Two Tenemts in the occupacon of the said Yates & ffreeland and worth to be sold the sume of Two hundred pounds and upwards wch hee the said Denyer layes

Clayme to by Survivorship & intends to keepe to him & his heires & although the Three Tenemts in the occupacon of the said Gravett ffreeland & Yates were expressly Given by the will of the said Jane Trigg to be sold for the paymts of her debts

& Legacyes & in pticuler the said mortgage & by her will devised the equity of Redempcon to her said Henry Yett the said Denyer hath not paid of the aforesaid mortgage to the said Anne Readebut by his contrivance before the essoyn day

of Trinity Terme Last they the said George Denyer and Anne Reade of one of them did cause an Accon in eiectmt to be brought for the whole mortgaged prmisses wherein one Searle was plt? And one Allen deft of the demise of the said

Anne Read and a Coppy of the declaracon was delivered to yor Oratrix but none to the other Tennts in possession but on purpose to gett the possession of the said Cellar Stable woodhouse Baven yard & passage in Trinity Terme Last

obteyned Judgmt against  the Casuall eiector yor Oratrix not haveing timely & due notice to make defence nor in truth could make any defence in Lawe against the said Accon the said prmisses being parcell of the mortage and the

mortgage money not being paid Since wth yor Orator & Oratrix by themselves & others have made applicacon to the said George Denyer & desired him to pay the said Anne Reade & to discharge the mortgage wch hee hath refused

to doe but threatens that the said Anne shall Lay the same upon the said Cellar Stable woodhouse bavin yard & passage in yor Orators possession the same being parcell of the mortgaged prmisses And your Orator & Oratrix haue also since made their applicacon

to the said Anne Reade and desired her to take the sai money of the said George Denyer or else that shee will upon paymt of what is due assigne the whole mortgaged prmisses to yor Orator & Oratrix & have alsoe since made their applicacon

by the Combinacon aforesaid also refuseth to do but by the said Combinacon threatens to gett the possession of the said Cellar Stable woodhouse Baven yard & passage & then to assigne or transfer the same to the said Denyer and soe to make your Orators

house uselese or of very little use or benifitt especially for the said Trade of a Tallow Chandler to wch use it was designed by the said Jane Trigg And the better to effect their said designe the said George Denyer doth Conceale the psonall Estate of the

said Jane Trigg & the pticulers & vallues thereof and will not discover when or by whom or to whom or how or for what the same was converted sold or disposed of nor what was the yearely vallue of the said Three Tenemts in the tenure & occupacon of the

said Gravett ffreeland & Yates was at the time of the said Janes will not how much the same was or were worth or would yeild to be sold nor what debts the said Jane the really & truly owed or to whom or for what nor what or how much

hath been paid but Conceales the whole matter and doth refuse to pay the said mortgage moneyt and the said Anne Reade refuseth to receive the same as aforesaid although they doe sevrally know haue credibly heard or doe beleeve that

the said Celler Stable woodhouse Baven yard passage were made of of and enioyed by the said Jane Trigg in her life time & Till her decease with the messuage devised by the said Jane to the said Henry & his heires & by the said Henry to yor Oratrix &

her heires & that the same was used occupyed & enioyed therewith & not wth any of the said other Tenemt yett will they not quitt their prtences nor pay nor except the mortgage money unlesse your Orator & Oriatrix will quitt the possession & their right to the said

Celler Stable woodhouse Baven yard & passage & the free use of the said well & house of Office All wth doeings of the said Confederates are contrary to Equity & good conscience & tend very much to th damage of yor Orator & Oratrix & against wch

because of the said fforfeitureof the said mortgage & for want of witnesses to prove the greatest pte of what is before sett forth yor Orator & Oratrix are wth out Remedy save before your Lordshipp in this honorble Court and doe humblie hope if the said Confederates

bee thereto called upon their Oathes that they will confess the truth & that thereupon your Orator & Oratrix shall be releived To the end therefore that they the said Confederates may sett forth wether there was or were such sevrall wills & devises as aforesaid & the

pticulers devised to be sold & whether the said Celler the Stable the woodhouse Baven yard & passage or any & what part thereof was or were in the actuall tenure or possession of the said Jane Trigg at the time of her will & death or of the said Gravett ffreeland & yates or of

either & wch of them or in whose tenure or occupacon oe possession the same then were & afterwards continued till the death of the said & now are or whether or any part thereof was by the said Jane Trigg devised to be sold & whether the said

messuage wherein the said Jane Trigg dwelt would have been usefull for the said Trade wth out the said Celler Stable woodhouse Baven yard & passage or how much would the said messuage have been worth or what will it yeild pr Ann wth out the said

Apptennces And that the said George Denyer may sett forth the pticulers & vallues of all the psonall Estate of the said Jane Trigg at the tyme of her death & whereof & wherein it pticulerly Consisted & how when & by whome & for what disposed of and

the yearely vallue of the Three Tenemts in the tenure of occupacon of the said Gravett ffreeland & Yates & how much the same would haue yeilded to be sold And what debts the said Jane Trigg did at her death really owe & to whome pticulerly & what &

how much the said George Denyer or any other & who at any time actually & bona fide paid & when & for what for the pper debts of the said Jane And that both the said Confederates may have true & pfect Answers make to all & singuler the prmisses as if

the same were here againe interogated & pticulerly prayed And that the said George Denyer may be compelled to pay of the said mortgage & that yor Orator & Oratrix & the heires of yor Oratrix may hold the said messuage Outhouses & apptennces devised

by the will of the said Jane Trigg to the said Henry her sonne & by him to your Oratrix & her heires together wth the said Celler Stable woodhouse Baven yard & passage being pte thereof Or that the said Anne Reade may accept her mortgage money and

the Interest from yor Orator & Oratrix & assigne to them or to whom they shall appoint the whole mortgaged prmisses And that your Orator & Oratrix may be releived in the prmisses according to Equity & good Conscience may it please your Lordshipp the prmisses

Considered to grannt unto your Orator & Oratrix his maties most gratious writt of Subpa to be directed to the said George Denyer Anne Read &        Searle thereby comanding the & eny of them at a certaine day & under a certaine payne therein to

be Limitted psonally to be & appeare before yor Lordshipp in his maties high Court of Chancery the & there to Answer all & singular the prmisses & further to stand to abide such order & direccon therein as to your Lordshipp shall grannt most meete & yor

Orator & Oratrix shall ever pray ec

Richard Holford


 

Ambo Jurat 10 die ffebry 1685            The ioint and severall Answers of George Denyer and Anne Read widdowe Deftes to the Bill

Powell                          of Complt of Richard Smither and Temperance his wife Complts

 

The said deffs saveing to themselves nowe and at all tymes hereafter all and all manner of advantage and benefitt of Execucon to the manifold and impfeccone in the Compts Bill of Complt contained & sett forth answer unto soe much ?

so materially concerneth these debts of either of them to make answer unto they severally for themselves say they beleive itt to be true that the  Complts wife was the widdow and relict of Henry Trigg sonne of Jane Trigg, brother of Edward by ?

whether heyre of Edward knowe not And that the sayd Edward and Henry were the sonnes of Henry Trigg decd by the sayd Jane And say they may beleive it may be true that said Jane Trigg the moth was intitled by the devise of her sayd husband ?

Henry to the ffee simple and inheritance of the three messuages or Tenements with the Stable yards backsides and other the Appurtenances thereunto belonging in the severall occupacons of William Yates John ffreeland and William Gravett but now ?

in the tenure or occupacon of the said Jane Trigg otherwise or in any other manner then as herein is after sett forth And say they believe itt to bee true that the said Jane Trigg did borrowe the sume of one hundred pounds for the uses in the bill menconed

of Daniell Johnson in the bill named and did by Indenture dated on or about the Eighth of Aprill One thousand six hundred seventy Eight demise grant to ffarme? lelt? unto the sayd Daniell Johnson in these words (vizt) All those her three messuages

or Tenements with all barnes Stables Edifices buildings yards backsides comodities and appurtenaces thereunto belonging or in any wise appteineing situate lyeing and being in Dorking and then in the severall tenures or occupacons of the sayd Jane Trigg?

William Yates John ffreeland and William Gravett or of their assignes or assigns given and devised by the last will of her said husband Togeather with all Cellars Sollars Lights Easements wayes waters priviledges profitts Co?dins??

and appurtenances whatsoever to the said three messuages or Tenements barnes Stables buidlings yards backside & prmisses belonging or in any wise apptaineing to have and to hold to the said Daniell Johnson his Execs and Adms for and during the terme of ??

hundred yeares under a provisoe of redempcon upon payment of the said One hundred pounds with interest att the days and tymes in the said Indentures menconed As in and by the said Indenture to which these defts referr themselves now in the Custody or power of this ty??

Anne doth and may And the said Henry Trigg the Complts wifes late husband and this Defts George Denyer did in order to the payment of the said Daniell Johnson such moneys as were due to him by vertue of the said mortgage take up and borrowe the sume of

One hundred pounds if this Defts Anne Read And the said Daniell Johnson by the Indenture tripartite which the said Henry Trigg and this Defts were parties and signed and sealed the same and beareing date on or about the tenth day of October one Thousand

six hundred Eighty one for and in consideracon of the sayd sume of one hundred poundes paid by her this Defts to them or one of them did grant bargaine sell assigne trasnferr and sett over the said prmisses to this Defte her Extor Admor and assignes for and during all the

rest and residue of the said terme of ffive hundred yeares under a provisoe of redempcon in the said Indenture contained upon payment of the said One hundred pounds and Interest att such dayes and tymes as in the said Indenture is expressed and menconed As in and by the same

nowe in this Defte Anne Read her Custody and power to which shee referrs herselfe doth and may appeare which said mortgages were soe made for secureing the sayd moneys with interest after the rate of five pounds per centn as thereby appears in case the same had

beene paid within one yeare And further these Defts say and believe that the said Jane Trigg did att or about the time in the bill menconed make and plblish her lastwill and Testament in writing such or the life effect as in the bill is sett forth with the further

addition thereto that whereas shee devises to her sonne Henry and his heyres All that the said messuage or Tenement Edifices and buidings with theire and every of theire appurtennces wherein shee then lived shee doth also devise All those her three severall

Messuages or Tenements Yards Gardens Outhouses Edfices and buildings with theire and every of theire appurtennces then in the sevrall tenures or occupacons of William Gravett John ffreeland William Yates unto the said Henry Trigg and this Defte George Denyer and

theire heyres to bee by them sold for raiseing moneyes to pay her debts and legacyes and did constitute and appoynt them her Executors in trust to and for the uses intents and purposes therein after menconed that is to say from and after the payment of all and every his

Debts and legacyes aforesaid To the intent and purpose that her Executors should well and truly deliver and pay all and every the surplusage of the good Chells and psonall estate whatsoever unto her daughter Elizabeth the wife of George Denyer,her daughter Jane

Cooke, her sonne John Trigg, her daughter ffrances Trigg and her sonne William equally to bee divided As in and by the said will when produced and to which for more certainty therein the Defts refer themselves doth and may appeare And this Defts

George Denyer saith that not long after makeing the said will the said Jane dyed and the said Henry Trigg and hee this Deft proved the will and took upon them the execucon thereof and have paid greate part of the Debts this Defte knowes off except the said one

hundred poundes to the said Defte Anne Read and greate part of the Legacyes but saith that without sale of the said three houses with the appurtennces one of which is in the possesson of William Gravett this Defte hath lately sold to the said William Gravett and his heyres there

will not bee sufficient as hee conceived to pay all the Legatess Yett neverthelesse the Legatess of the Surplus of the estate are desirous that the ho?e remaining houses may bee sold and the moneys raised thereby divided amongst them as the true intent and meaneing

of the said Testatrix was as they conceive this Defte humbly submitts himselfe to the Judgment

 

Home Page            Documents page