C9/60/2

Posted on October 31, 2016 by batemanm

National Archives File C9/60/2

Bill of Complaint of Nathaniel AXTELL

Marcham

To the Right Honourable Heneage Lord FINCH Baron

Lord Keeper of the Great seal of England

Humbly complaining showeth unto your lordship your Orator Nathaniel AXTELL and Elizabeth AXTELL the only children of Nathaniel AXTELL late citizen and Vintner of London deceased by Sarah ASHE the relict of Jacob ASHE late of London Merchant [?] //[?] BAKER Relict of John BAKER Citizen and haberdasher of London deceased their trustees and guardians. That Thomas DALMAHOY of Guildford in the county of Surrey Esquire by his indenture Tripartite bearing date the seven and // [?] day of February in the year of our Lord one thousand six hundred and sixty and seven [1667] [made between the said Thomas DALMAHOY of the first part, Nathaniel AXTELL citizen and [?] of London of the second part and Margaret YELVERTON Widow of the third part, for the consideration of the sum of one thousand pounds to him paid. That is to say five hundred part thereof by Nathaniel AXTELL and five // [hundred pounds?] the residue thereof by Margaret YELVERTON did thereby grant bargain and sell unto the said Nathaniel ATELL and Margaret YELVERTON All those lands grounds tenements and hereditaments called or known by the name of the Downes // […] by estimation one hundred sixty and eight [168] acres lying in the parish of St Nicholas in Guildford Compton and Worplesdon some or one of them on the said County of Surrey then in the tenure of John MARTER and Thomas FORD or their under // [tenants?] with said lands were heretofore parcel or reputed parcel of the said Park called Guildford Park. And one meadow called the Lords Meadow containing by estimating fourteen acres or thereabouts heretofore in the tenure of Elizabeth // Countess of DIRLETON or her assigns. And now in the tenure of the said Thomas DALMAHOY or his assigns and all and singular pastures commons floodings ways waters watercourses easements profits commodities hereditaments to and // appurtenances what so ever to the said lands and premises belonging or with the same or any part thereof used occupied or enjoyed reputed taken or known as part parcel or member thereof. And the reversion and reversions remainder // [?] [?] rents and profits of all and singular the thereby bargained or mentioned to be bargained premises and every part and parcel thereof. And all the estate right title interest trust use equity claim and demand // whatsoever of him the said Thomas DALMAHOY of in out of and unto the same bargained premises and every part and parcel thereof. And all deeds evidences and writings touching and concerning the same mentioned in a // schedule indented Tripartite thereunto annexed. To have and to hold one moiety of the premises with the appurtenances unto the said Nathaniel AXTELLL his executors administrators and assigns from the first day of February // Then [?] for and during the term of one thousand years from thence next ensuing to be complete and ends without impeachment of waste under a provision or condition never the less. That if the said Thomas // DALMAHOY his heirs executors administrators or assigns should pay unto the said Nathaniel AXTELL his executors administrators or assigns the sum of five hundred and fifteen pounds of lawful money // of England upon the nine and twentieth day of August next ensuing the date thereof at in the Middle Temple Hall London. That then and from thence every matter and thing therein contained should cease and // be utterly void. As in and by the said Indenture of mortgage Tripartite amongst other covenants articles and agreements relative being thereunto had will more at large appear. And your said Orator further shows that // The said Nathaniel AXTELL afterwards That is to say on or about the one and twentieth day of October in the year of our Lord one thousand six hundred seventy-one [1671] made his last Will and Testament in writing and thereby amongst other things // therein contained did will and devise That his said children’s portions thereby bequeathed unto to them amounting unto a very considerable sum should after his decease be paid into the chamber of London by his executors therein name thereto // be served for them and thereof made his wife Silvester AXTELL his sole executrix. And your said Orator also further shows that the said Silvester AXTELL presently after. That is to say the fifteenth day of January one thousand six // hundred seventy and one [1671] which was the same day or next day after the death of the said Nathaniel AXTELL and before she could prove the last Will and Testament of her said husband deceased she he said Silvester AXTELL did by // Word of mouth in the presence of two or more credible witnesses being at that time and so for some time then before being very weak in body but of sound and perfect memory did make and declare her last Will and Testament [nuncupative?] // and did thereby make Nathaniel AXTELL her son one of the Complainants sole executor of that her last Will and testament nuncupative and thereby also did nominate and appoint the Complainants Sarah ASHE and Jane BAKER her two sisters // her trustees. And did thereby also entrust her two sisters with her said two children Nathaniel and Elizabeth AXTELL and did utter and declare the same for her last Will and Testament nuncupative and shortly after did [?] in and // by the said Wills duly proved by them the said Complainant Sarah ASHE and Jane BAKER and registered in the Prerogative Court of Canterbury. And the several Administrations there upon granted under the Seal of the said Court to them the said // Sarah ASHE and Jane BAKER during the minority of the said Nathaniel AXTELL the infant relation being there unto had will more at large appear. And your said Orator also further [show?] that the said Sarah ASHE and Jane BAKER by [?] // Two of the several administrations so granted unto them under the seal of the Prerogative Court of Canterbury as aforesaid. They the said Sarah ASHE and Jane BAKER have taken upon themselves the trust aforesaid and acted // Accordingly by receiving and paying of several sums of money by virtue of the said several Letters of Administration so granted to them as aforesaid where upon the Chamber of City of London taking notice //  of the same pursuant to the performance of the last Will and testament in writing of the said Nathaniel AXTELL doth earnestly call upon and [?] them the said Sarah ASHE and Jane BAKER to pay in the portions of the said Complainants //  Nathaniel and Elizabeth AXTELL the two only children of the said Nathaniel AXTELL late citizen and Vintner of London deceased into the said Chamber of London to be secured there for the use of the said infants as they had done several other sums of // monies and for default thereof threaten to sue your said Orators Sarah ASHE and Jane BAKER at law and thereby compel the said Orators to do the same pursuant to the trust in them reposed as aforesaid upon your Orators Sarah ASHE and Jane // BAKER did make their applications unto the said Thomas DALMAHOY That he would pay in the five hundred pounds and all arrears of interest there upon due if any such be unto your Orators Sarah ASHE and Jane BAKER whereby the same // May be paid unto the Chamber of the City of London as aforesaid which the said Thomas DALMAHOY the [?] upon such application made by your said Orators as aforesaid is very ready and willing to do. And in order thereunto hath // As your Orators verily believe provided the said five hundred pounds to pay the same in accordingly. If by the decree of this Honourable Court he may be kept harmless and indemnified against your Orator Nathaniel and Elizabeth AXTELL when // they shall attain unto their several and respective ages of one and twenty years and have sufficient discharge in the law from your said Orators Sarah ASHE and Jane BAKER for his so doing Now for as much as your Orators Sarah ASHE and Jane // BAKER are advised by their counsel learned in law that upon the payment of the said five hundred pounds into the Chamber of the City of London as aforesaid your Orator Sarah ASHE and Jane BAKER having the several [?] // mistrations aforesaid in Trust during the minority only of the said Orator Nathaniel AXTELL That try cannot give to the said Thomas DALMAHOY a sufficient discharge in the law for the same. And that it will not be safe nor secure for // The said Thomas DALMAHOY although he is very desirous as your orator Sarah ASHE and Jane BAKER do believe to pay the said five hundred pounds ad the arrears of interest thereupon due if any such be into the Chamber of London according // to their requests aforesaid unless your said orators Sarah ASHE and Jane BAKER shall be enabled by decree of this Honourable Court to give unto the said Thomas DALMAHOY a sufficient discharge under their hands and seals. And shall also have power // By deed or deeds indented or not indented under their hands and seals to grant bargain sell assign and set over all the estate [… paper fold …. ] // life and since his death is [?] or come […] any persons their heirs and assigns as he the said Thomas DALMAHOY such nominate and appoint // And by such conveyances and under such covenants as the Counsel learned in law of the Said Thomas DALMAYHOY on that behalf shall be reasonably advised and likewise by the same decree be saved harmless and indemnified against the said Orators //  Nathaniel and Elizabeth AXTELL when thy shall attain unto their several and respective ages of one and twenty years for their doings of the same. To the intent therefore that the said Thomas DALMAHOY may upon his corporal oath set forth the truth of // all and singular the premises. And whether he did not make such a mortgage of the premises as aforesaid. And whether he is willing to pay the said five hundred pounds unto the said Chamber of London for the use of the said Orators Nathaniel // and Elizabeth AXTELL to soon as your said orators Sarah ASHE and Jane BAKER shall be enabled by the decree of this honorable court to give unto him the said Thomas DALMAHOY a sufficient discharge and shall be enabled to assign or otherwise convey over the estate and // [mentioned?] in the said mortgage as aforesaid. And that your orators may have relief herein as well agreeably right equity and good conscience. May it please your Lordship the premises considered to grant unto your said Orators your Majesty’s most gracious writ of // Subpoena to be directed to hi the said Thomas DALMAHOY commanding him at a certain day and under a certain pain there to be limited personally to be and appear in his Majesty’s High Court of Chancery to answer unto all and […] the premises upon // His corporal oath and further [?] to and abide such further order and determination therein as your Honor shall seem meet. And Orator as in duty bound shall pray.

[end]

 

Notes

 

  • PCC Will Nathaniel AXTEL 1641 Wife Margaret AXTELL and children Nathaniel, Mary and Elizabeth.
  • PCC Will Edward WOODFORD 1652. White Fryers London. Mother Elizabeth WOODFORD.Sisters Sarah,Dorothy, Jane, Elizabeth, and Silvester. Nephew William FELL. Brother Wentworth Woodford. Brothers Robert , Thomas.
  • PCC Will Nathaniel AXTELL 1671 Vintner of London. Dwelling in Twickenham. Son Nathaniel AXTELL and Elizabeth AXTELL. Uncle Thomas WOODFORD. Wife Silvester AXTELL. Cousin Richard AXTELL son of Uncle Richard AXTELL of Aldenham.
  • PCC Will Thomas WOODFORD 1671 of Middle Temple. Sister Sarah ASH Widow. Sister BAKER and her daughter Ann Dove. Nephew Nathaniel AXTELL. Niece Elizabeth AXTELL. Nephew William FELL. Brother DOVE.
  • PCC Will Sarah ASHE 1682 of Blackfriars. Nephew [?] Neice Elizabeth AXTELL. Niece Anne DOVE. Grandson Jacob ASHE. Daughter CARTER. Sisters Jane BAKER and Dorothy WOODFORD. William FELL?. William MORE of Charlton Somerset. Brother DOVE.
  • PCC Will Dorothy WOODFORD 1694 of Blackfriars. Nephew Nathaniel AXTELL. Brother WOODFORD. Niece Elizabeth COLLIER Anne ALLEN and AA daughters Elizabeth ALLEN and Mary ALLEN and son Nathaniel ALLEN and Henry ALLEN. Cousin George COPPIN. Cousin John BAKER (Haberdasher). Cousin Sarah MOTTERSHEAD. Sister Jane BAKER.
  • London Will George COPPING 1705 Citizen and Stationer London. Son in Law John MOTTERSHED and Sarah his wife. Granddau Elizabeth MOTTERSHED. Grandson George MOTTERHEAD. Grandson Thomas MOTTERSHED. Brother In law John BAKER and Elizabeth wife. Brother in Law Stephen COPPIN and his wife Esther and his son Robert COPPIN. Brother in law George FENTHAM and Esther his wife. Brother in Law Enoch DAZZACK and Anne his Anne. Cousins Robert COPPING, Mary COPPING, Joseph COLLER and wife. Cousin Richard MOTTERSHED. Cousin Isaac HONYWOOD. Niece Anne DAZZARD.
  • PCC Will Stephen COPPING Citizen and Leather Seller of London. Wife Esther. Son of Robert COPPING. Daughter Mary COPPING. Cousin Robert SHRIBB
  • PCC Will Jane BAKER 1694 son George COPPING. Granddaughter Sarah MOTTERSHED. Son John BAKER. Godson George BAKER son of John BAKER. Nephew Nathaniel AXTELL. Niece Elizabeth COLLIER. Niece Ann ALLEN. Ann ALLEN’s children – Nathaniel ALLEN, Elizabeth ALLEN, Mary ALLEN. Henry ALLEN her eldest son. Kinswoman Sarah WOODFORD. John BRIGHTRIDGE living nephew AXTELL.
  • PCC Will Nathaniel AXTELL 1725 Inner Temple. Kinswoman Susanna SHERMAN house in Thames street. Aunt Sarah ASH and Dorothy WOODFORD.  Cousin William ALLEN. Cousin Joseph BAKER of Brandford
  • PCC Will Silvester AXTELL 1671 of Twickenham Relict of Nathaniel AXTELL.  Sisters Sarah ASHE and Jane BAKER.
  • LMA Axtell, Nathaniel, citizen and vintner / Reference Code:  CLA/002/02/01/0738 FROM COLLECTION: – COURT OF ORPHANS, CITY OF LONDON
  • TNA Town Depositions C24 AXTELL, Nathaniel 1622 Bundle No 495 Letter B

The Answer of Thomas DALMAHOY defendant to the Bill of Complaint of Nathaniel and Elizabeth AXTELL infants and children of Nathaniel AXTELL Citizen and Vintner of London and Sarah ASHE and Jane BAKER Widow their trustees and guardians Complainants

[This defendant?] saving to himself now and at all times hereafter all advantage and benefit of exception to the uncertainties insufficiencies and imperfections in the said Bill of Complainant for so much thereof as is // [concerns?] This defendant to answer unto saith That it is true that he this defendant by indenture of Mortgage Tripartite made between the parties and bearings date in the Complainant’s Bill is mentioned // [?] consideration of the sum of one thousand pounds severally paid unto to this defendant. That is to say the sum of five hundred pounds part thereof by the said Nathaniel AXTEL. And other five // [hundred?] pounds the residue thereof by Margaret YELVERTON as in the said Complainant’s Bill is [truly?] set forth. He this defendant did thereby grant bargain and sell unto the said Nathaniel AXTELL and // Margaret YELVETON all and singular the lands grounds tenements and hereditaments by such names and by such quantities and number of acres as the same are mentioned in the same Bill To // Have and hold one moiety of the thereby bargained or mentioned to be bargained premises with the appurtenances unto the said Nathaniel AXTELL his executors Administration and assigns from // the first day of that instant February during the term of one thousand years from thence next ensuing without impeachment of waste nevertheless upon this proviso or condition // therein contained. That if this defendant his heirs executors administrators or assigns should pay unto the said Nathaniel AXTELL his executors administration assigns the sum of five hundred // Tripartite and every matter and thing therein contained should determine and be utterly void. As in and by the said indenture of mortgage tripartite amongst several other // covenants articles conditions and agreements to be performed as well on the part and behalf of the said Nathaniel AXTELL his executors administrators and assigns as on the part and behalf of this // Defendants relation being thereunto had will more at large appear and whereunto this defendant for the more certainty refers himself. And this defendant further saith that he this defendant did // not pay the said five hundred and fifteen pounds unto the said Nathaniel AXTELL in his life time at the time and place in the said Indenture of Mortgage Tripartite appointed the // payment thereof whereby one moiety of the said premises became forfeited. But this defendant is advised by his Counsel learned in the law that upon the payment of the said five hundred pounds // And all such interest as shall be in arrears (which he is willing to do) notwithstanding the said forfeiture that this defendant is relievable in this Honourable Court against the said forfeiture. And this // Defendant further saith that he doth believe it to be true that the said Nathaniel AXTELL in the Bill named did about the time in the Bill mentioned make his Last Will and Testament in writing // and did thereby amongst other things Will and devise that his said Children’s portions thereby bequeathed should after his decease be paid into the Chamber of London to be secured there for the // use of his Children Nathaniel and Elizabeth AXTELL or to the like effect and thereof made his wife Silvester AXTELL his sole executrix And shortly as this defendants is informed died. And this defendant // doth also believe it to be true that the said Silvester AXTELL about the time in the Bill mentioned and before she had time to prove the last Will and Testament of the said Nathaniel AXTELL her late // husband The said Silvester AXTELL did by word of mouth make and declare her last Will and Testament nuncupative and thereby did make and declare the said Complainant Nathaniel AXTELL her // son being an infant her executor. And did thereby also constitute and appoint the said Sarah ASHE and Jane BAKER her sisters her trustees. And thereby also did entrust her said // children with them the said Sarah ASHE and Jane BAKER and shortly after died. And that the said Complainants Sarah ASHE and Jane BAKER have several administrations granted unto them // under the seal of the prerogative Court of Canterbury during the minority of the complaints Nathaniel AXTELL and have since acted jointly or severally in the said Administration accordingly // by receiving and paying of several sums of money in order to the executing of the last Will and Testament in writing of the said Nathaniel AXTELL. As of the last Will and Testament nuncupative // of the said Silvester AXTELL as he is informed and believes. And this defendant further saith that it is true that the said complainant Sarah ASHE did some time since desire this defendant to pay // in the five hundred pounds which she said she was to pay unto the Chamber of the City of London and was due upon the said mortgage whereby the same might be there secured for the use of the said Nathaniel and // Elizabeth AXTELL according to the last Will and Testament of the said Nathaniel AXTELL their father deceased affirming unto this Complainant that she was pressed thereunto by the Chamberlain of the City of // London and thereupon this defendant was and is willing to comply with the desires both of the Chamber of the City of London and likewise of the said complainant Sarah ASHE. And hath provided the said // so soon as the Complainants Sarah ASHE and Jane BAKER or both or either of them shall be enabled by the decree of this Honorable Court to give unto this Defendant a sufficient discharge under their hands and seals // for the same. And shall have likewise power by the said decree to assign or otherwise convey over unto such person and persons as he this defendant shall appoint in such [?] in the said Bill [?] [?] // And likewise shall by the [?] be secured and indemnified against the complainants Nathaniel and Elizabeth AXTELL when they shall attain unto their several and respective ages of one and twenty // years for his so doing which he this defendant hopes this honourable court will decree accordingly whereby this defendant’s estate may not be liable to this encumbrance during the minority of the Complaints // Nathaniel AXTELL and Elizabeth AXTELL being infants not above five years of age or thereabouts as this defendant is informed and verily believes without that any other matter or thing in the // Said Complainants Bill of complainant material of effectual in the law for this defendant to answer and not here and hereby answered unto confessed or avoided traversed or denied is true all which // this defendant is ready to maintain avow and prove as this Honourable Court shall award and humbly prays to be hence dismissed with his reasonable costs on this behalf wrongfully sustained.

James [?] .

[end]

Notes

  • Margaret Yelverton PCC WILL 1678 London
  • Joseph YELVERTON PCC Will 1665 (Wife Margaret)

 

 

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