National Archives File C10/217/7
Bill of Complaint
19th May 1681
Orator John BIGNOLD an infant son and heir of John BIGNOLD deceased by Eleanor his mother and Guardian and James CLIFTON of // Shere in the County of Surrey Gentleman. That whereas John ATTWICKE of Shere in the County aforesaid Gentleman being in his life time seized in his demesne fee or of some // other good estate of inheritance of and in diverse manors messuages lands tenements and hereditaments and more particularly of and in a messuage or tenement called Boroms [?] // situate lying and being in the parish of Egham in the County of Surrey in the occupation of Daniel WEEKS and of several other outhouses buildings orchards gardens [?] // Lands meadow and pasture ground and other ground with their appurtenances there unto belonging and appertaining and also of and in several other freehold and copy hold lands // Tenements and hereditaments situate lying and being in the said parish of Egham in the County aforesaid with copyhold lands tenements surrendered to the use of his last Will and testament. And being so seized of and in the said manor lands tenements and // hereditaments and of sound and disposing mind and memory the said John ATTWICKE did on or about the seventeenth day of October in the year of our Lord one thousand six //Hundred and sixty and [1663] make his last Will and Testament in writing signed sealed and published in the presence of several creditable witnesses wherein and whereby (amongst other // things) He did give and devise unto Hannah KEMPSALL the wife of Edward KEMPSALL of Staines in the County of Middlesex Gentleman All that the aforesaid messuage or tenement // called Bosom House then in the occupation of the aforesaid Daniel WEEKES and all outhouses buildings gardens orchards arable lands meadow and pasture ground and other // Grounds with the appurtenances there unto belonging and appearing and also all other his freehold and copyhold lands and tenements and hereditaments whatsoever not // Before by the said Will revised or given situate lying and in being in the said Parish of Egham in the County aforesaid to have and to hold the said messuage or tenement called // Borome and all the said lands and tenements with the appurtenances unto the said Hannah KEMPSALL and her assigns for and during the term of her natural life // and the remainder thereof from after her decease He did give and devise unto Henry CLIFTON of Worplesdon in the County of Surrey Gentleman your Orator // James CLIFTON by the name of James CLIFTON of Shere in the said County James BIGNOLD of Shere aforesaid Tanner and John BIGNOLD father of your Orator John BIGNOLD // (by the name of John BIGNOLD brother of the said James BIGNOLD) their heirs and assigns forever and of his said Will did the said Hannah KEMPSALL sole executrix // As in and by the said Will (had your Orators the same to produce) relation being there unto had now fully and at large it doth may appear. And your Orators further // showeth to your Lordship that soon after the making of he said Will the said John ATTWICKE died after whose death the said Hannah KEMPSALL entered in the said premises // and hath received the rents issues and profits thereof over since And your Orator John BIGNOLD further showeth that the said John BIGNOLD your Orator’s father // Departed this life since the death of the said John ATTWICKE leaving your said Orator his son and heir whereby and by the Will of the said John ATTWICKE he is entitled // To the reversion of such part of the said premises after the death of the said Hannah KEMPSALL as the said John BIGNOLD your Orator’s said father was [entitled?] to at // the time of his death But now so it is May it please your Lordship that the said Edward KEMPSALL and Hannah KEMPSALL his wife being in [possession?] // of the aforesaid premises and combining and confederating with one Daniel ATTWICKE of Bocome in the parish of Egham in the aforesaid County of Surrey [uncle?] And heir at Law of the said John ATTWICKE the testator [?] the said Will and refuses to discover to same to your orators or to prove the same and they the said Edward // KEMPSALL Hannah KEMPSALL and Daniel ATTWICKE do sometimes pretend and ive out in speeches that the said John ATTWICKE made no such Will and that // The said John ATTWICKE was not of sound and disposing mind and memory when the said Will was made and published and that he did afterwards revoke // The said Will. And at other times he said Daniel ATTWICKE doth pretend that he the said John ATTWICKE had power to dispose of the premises by his said for // that he was not seized thereof in fee simple or so as to enable him to devise the same but that the same are limited and settled upon the said Daniel // ATTWICKE All which pretensions and indirect proceeding and dealings of the said confederates are contrary to equity and good consciences and [lend?] to as [?] // your orators of their estate in remainder in the said premises after the death of the said Hannah KEMPSALL given by the Will of John ATTWICKE // as aforesaid. And the Will of the said John ATTWICKE is in danger thereby to be frustrated and for as much as the witnesses to the said Will are of great // age and infirmity of body whereby they are disabled to attend at any trial at Law or to come to this Court to be examined touching the validity // Of the said Will and fo9r that they are unlikely long to live and in case they should die your Orator estate in the premises after the death of the said // Hannah KEMPSALL and the said Will would be defeated and your Orator not otherwise relievable then before your Lordship in this Honourable Court // to the end therefore that the said confederates may discover and set forth the said Will in hat verba and who are witnesses there unto and where [..] // And inhabit and may produce and bring the said Will into this Honourable Court to the end and the same may be [presented?] and your Orators be enabled by the. And of // This Court to examine witnesses in this honourable Court to prove the said Will in [?] rei memoriam and to the end that the said defendants my set // forth and discover whether they do not know that the said John ATTWICKE did make the said Will and whether he was not of sound and disposing mind and memory // The time of the making of the said Will and whether he was not seized as aforesaid of the premises and had power to dispose of or devise the same and whether // there were any former settlement which [?] and appointed the premises to them or either of them and how and in what manner and when and where and by whom made and // executed and upon what consideration really and bona fide paid and whether with or without condition or power of revocation and may full answer make to all and singular // the premises. May it please your Lordship to grant unto your Orator His Majesties Most gracious writ of subpoena to be directed to the said Daniel ATTWICKE, // Edward KEMPSALL, Hannah KEMPSALL thereby commanding them and every of them at a certain day and under a certain pain therein to be limited personally to be // and appear before your Lordship in this Honourable Court then and there upon their corporal oaths to make [?] answer to all and singular the premises and [severally] // To stand and abide such orders and directions therein as you Lordship shall seem most agreeable to equity and good conscience. And your Orator shall ever pray. //
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Answer of Edward KEMPSALL Hannah KEMPSALL
[January?] 1681
The Answer of Edward KEMPSALLL Hannah KEMPSALL his wife two the defendants to a Bill of Complaint
These defendants and wither of them saving unto him and herself now and at all times hereafter all and all manner of advantage and benefit of exception to the manifold uncertainties and [insufficiencies?] [?] contained in the Bill // of complaint contained for answer thereunto or unto so much thereof as is any way material for them these defendants to make answer unto and say as follows. That they [it is true that?] the said John // ATTWICKE in the Bill named claimed some good estate of inheritance of and n that messuage or tenement called Bacomb House in the Bill mentioned situate standing and being in the parish of Egham in the County of Surrey in the // Possession of Daniel WICKS als ATTWICKE now of Bacome aforesaid tanner and several other outhouses buildings orchards gardens arable land meadow and pasture ground and other ground with the // appurtenances thereunto belong and appertaining and other freehold and copyhold lands tenements and hereditaments situated and being in the said parish of Egham in the County aforesaid which // [and?] copyhold lands tenements (these defendants do assuredly believe) were surrendered to the use of the last Will and Testament of the said John ATTWICKE but for more certainty they refer themselves // to the surrender remaining enrolled amongst the Court Rolls of the Manor Egham aforesaid as these defendants are informed. But these defendants say that they believe that the said John // ATTWICKE had not at any time in his life time the reversion of the said messuage or tenement called Bacome with the lands meadow and pasture grounds thereunto belonging in the Bill mentioned to be in // Occupation of the said Daniel WICKES for that they say that they have heard that there was in the life time of the said John ATTWICKE great controversies and suites between John ATTWICKE // and the said Daniel WICKES about right and title of in and to the same which was not as these defendants have been informed finally determined before the death of the said John ATTWICKE // After whose decease these defendants conceiving themselves in the right of the said Hannah by virtue of the last Will and Testament of the said John ATTWICKE, here after particularly // set forth entitled as well unto the said messuage or tenement called Bacome aforesaid and the lands meadow and pasture ground there unto belonging as also to the copyhold lands and // Ther the lands tenements and hereditaments whatsoever in the Will mentioned they these defendants did commence or cause to be considered one or in one suit or suits against the said Daniel // WICKS als ATTWICKE as well for the recovery of the premises of the said messuage tenement called Bacome and the lands meadows and pasture grounds thereunto belonging as also of all the other lands and // tenements and hereditaments in the Will to the said Defendant Hannah devised whereof the possession was then withheld by the said Daniel WICKES als ATTWICKE or his under tenants or assigns from these // Defendants and were ready for a trial therein. But these defendants being advised that the suite might previous tedious and [?] and the success as to part doubtful these defendants came to an agreement // with the said defendants WICKS and upon payment of two hundred pounds in money and the securing of the payment of fifty pounds per annum were to the use of the said defendant Hannah during her // life they these defendants waved any further trouble or suite at law for the same against the said WICKS and the said fifty pounds per annum more to the use of the said defendant Daniel WICKS //has quietly and peaceably to have held and enjoy all the messuages lands and tenements whatsoever lying in the said parish of Egham in the Will mentioned without the let suite trouble or intervention of // these defendants or either of them. And these defendants do confess there was a Will made by the John ATTWICKE in these words following. In the name of God Amen The Seventeenth day of // October Anno Domini 1663 and in the fifteenth year of the reign of our sovereign Lord Charles the second by the grace of God King of England Scotland France and Ireland Defender of the Faith // I John ATTWICK of Shere in the County of Surrey gent being of sound and perfect mind and memory thanks to be to God therefore) and knowing that death is certain but the time // thereof certain do make ordain and declare my last Will and Testament as follows (vitz) first I bequeath and commit my soul into the hands of almighty God my Creator and my body // I commit to the earth to be buried in Egham Church yard near my late Father in such decent manner as my executrix hereafter named shall think fit. And as touching my temporal // estate I do dispose of the same in manner following (?that is to say). Imprimus I give and bequeath unto the poor people of the parish of Egham aforesaid the sum of ten pounds of lawful // Money of England. Item I give and devise unto Hannah KEMPSALL the wife of Edward KEMPSALL of Staines in the County of Middlesex gent. All that my messuage or tenement situate in // Bacome in the parish of Egham aforesaid in the County of Surrey and three and thirty acres of arable land meadow and pasture ground unto the said messuage tenement belonging and appertaining and // Now in the occupation of Thomas BATCHELOR his assign or assigns. And also that my meadow ground call Burfords Ayle containing by estimation eleven acres (be it more or less). And also all // other my lands whatsoever lying and being in the parish of Chertsey in the County of Surrey together with all barns stables buildings orchards gardens ways easements profits conditions hereditaments and // appurtenances whatsoever unto the said messuages tenements meadow ground arable land and other the premises belonging and appertaining. To have and to hold the said messuage and tenements arable land meadow grounds and other the premises unto her the // Said Hanna KEMPSALL her heirs and assigns for ever. I give and devise unto the said Hanna KEMPSALL all that my messuages or tenements and tan houses situate lying and being in Staines in the County of Middlesex now I the occupation of James // WORMFOLD Together with all tan yards outhouses orchards gardens [?] and appurtenances thereunto belonging. To have and to hold the same unto the said Hannah KEMPSALL her heirs and assigns for ever Provided always nevertheless // and upon condition that the said Hannah KEMPSALL her heirs executors Administrators or assigns do well and truly pay or cause to be paid unto Elizabeth WICKES daughter of John WICKES of Staines aforesaid Gent the sum of one hundred pounds of good lawful money of England // at such time as she shall attain her age of one and twenty years. And in case the said Hannah KEMPSALL her heirs executors administrators or assigns shall to make default of payment of the said sum of one hundred pounds at the time a fore mentioned// for payment thereof (being lawfully demanded) then I give and devise all the last mentioned messuage tenement to her the said Elizabeth WICKS her heirs and assigns for ever. Item I give and devise unto the said Hannah // KEMPSALL All that my messuage or tenement called Become House situate lying and being in the parish of Egham and now in the occupation of Daniel WICKS and all outhouses buildings orchards gardens arable lands meadow and pasture grounds and // Other grounds with the appurtenance there unto belonging and appertaining and also all other my freehold and copyhold lands and tenements and hereditaments whatsoever (not hereinbefore devised or given) situate lying and being in the said parish of Egham. To Have // and to hold the said last mentioned messuage or tenement called Bacome and all the said last mentioned lands or tenements with the appurtenances unto the said Hanna KEMPSALL and her assigns for and during the term of her natural life and the remainder thereof from // and after the decease I give and devise unto Henry CLIFTON of Worplesdon in the County of Surrey Gent James CLIFTON of Shere in the County Gent. James BICKNOLD of Shere aforesaid Tanner and John BICKNOLD (Brother of the said James BICKNOLD) their heirs and // assigns for ever. Item all my goods chattels and personal estate whatsoever I give and bequeath unto the said Hannah KEMPSALL whom I do make sole executrix of this my last Will and testament in writing that this is my last Will and testament I have hereunto // Set my hand and seal the day and year first therein [?] John ATTWICKE and therein is endorsed […] John ATTWICKE […] following vitz signed sealed and published by the within named John ATTWICKE to be his last Will and Testament the day and year within written in the presence of Mary BILLINGHURST // John BILLINGHURST [?] To which witnesses ready to be produced to this Honourable Court these defendants for more certainty do refer themselves. And these defendants confess that there being little or no personal estate left by the testator by reason of suites which did and might happen touching the lands// Devised by the said Will they were advised not to be all the charges to prove the said Will in [?] But these defendants say they never [?] the said Will from the Complainants or any of them for this defendant Edward saith that soon after the death of the said John ATTWICK he // together with the scrivener who made the same went over to the house of the said James BIGNOLD deceased and showed him the said will and that then or sometime after (as this defendant believes) the said James BIGNOLD or some other of the said legatees or some person to their use had a // Copy of the said Will. And these defendants already and still are ready to give them satisfaction therein. And these defendants so deny that they pretended gave out in speeches that the said John ATTWICKE made no such Will or that the said John ATTWICKE was not of sound and disposing mind and memory when the said Will was // Made or published or that he did afterwards remake the said Will. But these defendants believe and have heard that both Mary BILLINGHURST and John BILLINGHURST the witnesses to the signing sealing publishing of the said Will are since dead but that there last abode was about Braintford [Brentford?] in the county of Middlesex // Aforesaid. And these defendants and either of them deny all and all manner of combination or confederacy with the other Defendant Daniel WICKS whereby to wrong or injure the Complainants or any of them without that there is any other matters cause or thing whatsoever material or // Effectual all in the law for these defendants to make answer unto and not herein and hereby well and sufficiently answered unto confessed or avoided transversed or denied is it true. All which matters and things these defendants are ready to answer and prove as this honourable court // Shall award and humbly [?] to be dismissed with his reasonable costs and charges in this behalf most fully sustained. //
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