National Archives file C11/2609/12
Dated: 19th October 1732
Humbly complaining showeth your Lordships your Orator William BROWNING of the parish of saint James Clerkenwell in the County of Middlesex, brewer, Administrator of the Goods and Chattels Rights and Credits of Elizabeth BROWNING your late Orator’s wife //
Deceased. And your Orator and Oratrix Edward BROWNING, Catherine BROWNING and Rebecca BROWNING infants children of the said William and Elizabeth BROWNING by the said William BROWNING their father and next friend. That in Michaelmas term in the year of our Lord //
1730 your Orator William BROWNING and the said Elizabeth BROWNING and your said Orator and Oratixes Edward, Catherine and Rebecca BROWNING exhibited their Bill of Compliant in this Honourable Court against Catherine GODFREY widow and Joseph //
SHOWELL executors of Edward GODFREY, late of Clerkenwell aforesaid Brewer and brother of the said Elizabeth BROWNING and against Rovers DICKINSON of Chick Lane, Brewer And John BROWNING of Lincolns Inn in the said County of Middlesex Esquire, Setting forth that the said Edward //
GODFREY did in his life time vitz about the eleventh of January 1728 make his last Will and Testament. And therein and thereby amongst other things did give and bequeath unto Rivers DICKENSON, John BROWNING and Joseph DICKINSON since deceased //
And the survivor of them his Trustees therein mentioned the sum of ten thousand pounds to be paid to them within one month after his decease by the said Executors Catherine GODFREY and Joseph SHOWELL in trust to lay out the same at Interest and to pay the yearly produce thereof //
To the said Catherine GODFREY for her life and after her decease to pay one third of the Interest or produce of the said ten thousand pounds unto his sister Mary SHOWELL until her children by the said Joseph SHOWELL which should be living at the decease of the said Edward GODFREY should respectively attain the age //
Of twenty one years if sons or such age or marriage if daughters for their maintenance and education. And then to pay and divide one third of the said ten thousand (the whole into three equal parts to be among the said children share and share alike. And to //
Paid and apply two thirds of the interest or produce of the said ten thousand pounds unto the said Elizabeth BROWNING until all her children should respectively arrive at the age of twenty one years if sons or at such age or marriage if daughters for their maintenance and education. And if she //
Said Elizabeth should die before the said Children should respectively attain their ages or marriage then to pay such interest aforesaid to Orator William BROWNING for the same purposes. And if the trustees were to pay and divide the said two thirds of the said ten thousand pounds //
to and among the children of the said Elizabeth BROWNING as he she or they should respectively arrive at the age of twenty one years if sons or at such age or marriage if daughters. And if all the children of the said Elizabeth BROWNING should die before their respectively arriving //
at such age or marriage that then the trustees should pay the interest of produce of the said two thirds of the said ten thousand pounds unto the said Elizabeth during her life. And after her decease should pay the said two thirds of the said principal sum of ten thousand //
pounds to such person or persons as she should in her life time by her Last Will in writing or any deed in writing to be by her signed in the presence of three or more Credible Witnesses appoint. And the said Bill also set forth that the said Edward GODFREY by his said Will have to his //
said Trustees his further sum of ten thousand pounds to be paid to them as aforesaid by the said Executors interest to lay out the say and pay and apply the Interest and also the principal of the said ten thousand pounds unto his said sister SHOWELL and her children //
as in his said Will is mentioned. And that the said Edward GODFREY also GOOD by his said Will to his said Trustees the further sum of six thousand pounds in trust to pay the interest thereof to his sister WESTFIELD during her natural life. And after her decease to pay the principal //
to such children as she should have in such manner in Will is mention. And if she should leave no child or children at her death Or if all her children should die before their respective shares should become payable then in trust to pay the said six thousand pounds and interest //
Among his said sisters Mary SHOWELL and Elizabeth BROWING and their children as therein is particularly mentioned. And if all the children of the sisters Mary SHOWELL and Elizabeth BROWNING should die before their respective ages or marriage then the said trustees were to pay //
The interest of the said six thousand pounds unto his said sisters SHOWELL and Elizabeth BROWNING for their lives. And after their decease to pay the said six thousand pounds to such person as his said two sisters should by any writing respectively appoint. And //
Will that each of his said sisters SHOWELL and BROWNING should have liberty to dispose of three thousand pounds apiece. And your orator and Oratrixes did by their said Bill further set forth that the said Edward GODFREY by his said Will Also gave //
To his said trustees the further sum of five thousand in trust to pay the interest thereof to his said Sister Elizabeth BROWNING until her children therein named should respectively attain the age of twenty one years or marry as therein mentioned for their respective //
Maintenance and education. And the receipt of the said Elizabeth BROWNING from time to time to him not withstanding her coventure should be sufficient discharge to his said trustees for the same. And in case of the death of the said Elizabeth BROWNING then //
His Will was that his said trustees should pay such interest unto our Orator William BROWNING until each and every such Child and Children should attain the age of twenty one years or marry as therein mentioned to be by him applied to such uses //
And purposes for which it was directed to be paid to the said Elizabeth BROWNING. And from and immediately after your Orator and Oratrixes Edward, Catherine and Rebeccah should respectively attain the age of twenty one years or marry as therein is mentioned then upon //
Trust to pay and divide the sum if five thousand pounds to and among them in such proportions as therein is also mentioned. And in case all the children of the said Elizabeth BROWNING should die before their said respective ages or marriages then upon //
Trust to pay the interest and produce of the said five thousand pounds to the said Elizabeth BROWNING during her Life and after her decease to pay the said five thousand to such person or persons as the said Elizabeth by her last Will and //
Testament in Writing or any other deed or writing to be by her signed in the presence of two or more credible witnesses should for that purpose direct and appoint. And that the said trustees might set forth whether they were willing to accept of the said trust and that //
The defendants GODFREY and SHOWELL might pay the said several sums of money into the hands of the said trustees. And that your orator and Oratrixes Edward, Catherine and Rebeccah BROWNING might have their shares and proportions of the interest thereof paid //
[?] the hands of their said mother Elizabeth for their maintenance and education. And that the residue of the said Edward GODFREY’s estate might be laid out according to his Will. And the interest proportions and shares of your Orator and Oratrixes and of the said Elizabeth in the several //
Principal …. To them as afore to them aforesaid and in the interest thereof might well be well and sufficiently [?] to them according to the said Will was the scope of the said Bill. And your Orator and Oratrixes further show that the said Catherine GODFREY, Joseph //
SHOWELL, Rivers DICKENSON [and John?] BROWNING put in their several answers to the said Bill. And your Orator and Oratrixes replied thereto and issue was joined thereupon And Rules given to produce witness and for passing publication. And that by an order of this Honourable Court //
Publication was enlarged to the first […] last as in and by the said Bill Answers orders and other proceedings in this cause may appear. And your orator and Oratrixes further show that before any witnesses were examined a publication passed vizt. on or about the //
Twenty third day of July last the said Elizabeth [?] last [..] this life And the Orators and Oratrixes by way of supplement to the said Bill show that the said Elizabeth BROWNING made no appointment by Will or otherwise to whom the said several principal sums //
Here in before mentioned should be paid in case of the death of all children without attaining the age of twenty one years or marrying as aforesaid. And your Orator William BROWNING further showeth that administration of the goods and chattels rights and credits of the //
Said Elizabeth your Orator William BROWNING late wife hath been duly granted to him by the Prerogative Court of Canterbury as by the letters of Administration now in your said Orator’s custody and ready to be produced as this Honourable Court shall direct will appear //
Whereby the right and title of her the said Elizabeth to the arrears of Interest or produce of the sum of five thousand pounds is of right come to your Orator William BROWNING. To the end therefore that the defendants may on their oaths set forth whether the said //
Elizabeth BROWNING as they know or believe made any such appointment by Will or otherwise and if any to whom and in what manner made. And that the said Bills answers and all other proceedings in the said cause may stand revised and be in the plight and condition //
As they were in at the time of the decease of the said Elizabeth BROWNING. May it please your Lordships to grant unto your Orator and Oratrixes his Majesty’s Most Gracious Writ of Subpoena as [respondendumot?] received and to be directed to the said //
Catherine GODFREY Joseph SHOWELL Rivers DICKENSON and John BROWNING thereby commanding them and every of them at a certain day and under a certain pain to be limited personally to be and appear before your Lordship and there to answer the same //
And show cause if any they can why the said Complaint all proceedings therein should not stand and be serviced. And that the same may be [?] accordingly. And further to abide by and perform such Order in the premises as to your Lordship shall seem meet //
And your Orator and Oratrix shall pray. //
[End of page]
The Joint and several answer of Catherine GODFREY widow and Joseph SHOWELL two of the defendants to the Bill of Receiver and Supplemental Bill of Compliant of William // BROWNING and Edward BROWNING, Catherine BROWNING and Rebecca BROWNING infants by the said WILLIAM BROWNING their Father and next friend, Complainants. //
[These?] Defendants saving and reserving to themselves all benefit of exception as in their answer to the original Bill of Complaint is saved and reserved for answer unto the now Complainants // Unto so much thereof as these Defendants are advised is material for them to make answer unto. They severally (and not the one for the other) answer and say they admit it to be true that about // [?] in the Bill mentioned the Complaint William BROWNING and Elizabeth BROWNING his wife late deceased together with the other complainants Edward Catherine and Rebecca BROWNING did // exhibit their Bill of Compliant in this Honourable against these Defendants as executors of Edward GODFREY deceased in the Bill named brother of the said Elizabeth BROWNING and also against // Rivers DICKENSON and John BROWNING Esquire to the effect and for the purpose in the said now Bill mentioned and that these Defendants and the said Rivers DICKENSON and John BROWNING the // Other defendants having been served with process of Subpoena did appear and put in their several answers to the said Bill to which the Complainants replied and issue was joined here upon and // Rules given to produce witnesses and for passing publication and that by an order of this Honourable Court publication was enlarged to the [?] in the said Bill of Receiver mentioned but these // Defendants for their greater certainty therein have leave to refer themselves to such Bill answer orders and other proceedings in the said cause as of Record in this Honourable Court when the // Same shall be produced. And these defendants have heard and believe it to be true that before any witnesses were examined or publication passed in the said cause (vizt) about the time in the said // Bill of receiver and supplemental Bill for that purpose mentioned the said Elizabeth BROWNING the Compliant William BROWNING said late Wife departed this life but whether she dyed // Intestate or whether before her death she made any appointment whereby she directed or appointed to whom the several principal sums of money in the Will of the said Edward GODFREY mentioned to // Be [?] should be paid in case of the Death of all her Children before their ages of twenty one or marrying pursuant to the power given her by the said Will or in case she [Will] any // Appointment to whom or in what manner she made the same these defendants do not know nor can set forth. And these Defendants further severally answering say they do not known of [their own] // Knowledge but have heard that Letters of Administration of the Goods and Chattels Rights and Credits of the said Elizabeth BROWNING the Compliant William BROWNING said late Wife have // Been granted to him by the Prerogative Court of Canterbury But whether thereby the right and title of her the said Elizabeth to the arrears of the interest or produce of the sum of five // Thousand pounds in the said Bill of Receiver mentioned is of right come to the Compliant William BROWNING these Defendants do not know but submit the same to the judgement of this // Honourable Court. And if the Compliant William BROWNING hath procured such Letters of Administration to his said Wife these Defendants submit that the said cause [?] to him [then] // Revived. And these Defendants as in their former answer deny all and all manner of unlawful combination and confederacy without that any matter or thing in the Complainants // Said Bill of Complaint material or effectual in the Law for these Defendants or either of them to make answer unto and not herein or in these Defendants former answers well and sufficiently [answered?] // Unto confessed or avoided [?] or denied is true to the knowledge and belief of these Defendants all which matters and things these Defendants said and willing [?] justify // Maintain and prove as this Honourable Court shall direct and humbly pray to be [?] dismissed with their reasonable Costs and charges in this behalf most […] //
Ja BRACKLEY
John WOOD
[End of Page]