C12/1334/14
Bill of Complaint of William JACOMB
12th January 1774
Humbly complaining unto your Lordship your Orator William JACOMB of Lawrence Poultney Hill London Gentleman the only surviving executor of Frances JACOMB late of Hackney in the County of Middlesex Widow deceased that sometime on or about the month of May one thousand seven hundred and fifty-seven [1757] Peter Bartholomew JULLIAN then and now of // London Merchant a confederate hereinafter named and intermarried with Mary JACOMB spinster a confederate also hereinafter named with whom he received one thousand eight hundred pounds and upwards as a marriage portion but the Peter Bartholomew JULLIAN not having any ready of his own and being as was then apprehended engaged […] // trade with Henry JACOMB the brother of the said Mary JACOMB did soon after his said marriage apply to and earnestly request Frances JACOMB his said wife’s mother to lend and advance to him upon his own personal security to carry on the said trade the sum of one thousand eight hundred pounds or some such sum as the said Frances JACOMB having great confidence in the // integrity and abilities in Trade of the said Peter Bartholomew JULLIAN actually lent and advanced him the sum of one thousand eight hundred pounds or some such sum upon his own bond and that the said Peter Bartholomew JULLIAN used and employed the same in such trade and business until the [blank] day of [blank] // when the said Peter Bartholomew JULLIAN repaid the said sum of money to the said Frances JACOMB and the same after payment thereof to her by the said Peter Bartholomew JULLIAN was y her invested in the purchase of three per sent consolidated bank annuities in the of William PICKARD of London Merchant since deceased and so remained to the time of the death of the said Frances JACOMB. And // your orator further shows unto your Lordship that the said Francis JACOMB departed this life on or about the twenty ninth day of December in the year of our Lord one thousand seven hundred and sixty-three [1763] and published her last Will and Testament in writing bearing date the [blank] day of [blank] one thousand seven hundred and sixty [bank] // and thereby after giving several specific and pecuniary legacies gave and bequeathed all the rest and residue of here estate (the same being wholly personal) after payment of her just debts funeral charges and legacies and bequests therein before given unto her son Henry JACOMB and her daughter Mary JULLIAN equally to be divided between them share and share alike and in case her // Son should happen to die in her life time she gave him a power to dispose of his share therein and in case her said daughter should happen to die in her life time then she declared that her daughter’s residue should be paid to the executer or executors of her said daughter to be by them applied in such manner as her said daughter should direct as therein is mentioned but in default // of such direction or appointment, she gave the share of her said daughter to her [heirs?] executors or administrators and declared that her said Will was made with the privity of her said son and daughter and the husband of her said daughter and with their entire approbation and the information so given to them by her was that her said son and daughter might make such disposition as [?]. // And of her said Will appointed the said William PICKARD and your Orator joint executors. And the said William PICKARD having died before the said testatrix your Orator alone proved the Will of the said Frances JACOMB in the Prerogative Court of Canterbury and took upon him the burthen and execution thereof as by the probate thereof now in your Orators custody relation being // thereunto had and to which your Orator for his greater certainty therein craves leave to refer doth and may appear. And your Orator possessed himself of such of the estate and effects of the said testatrix as he could obtain and paid all her debts and the several pecuniary and specific legacies mentioned in the said Will and your Orator further shows unto your lordship that the // said Francis JACOMB having great trust and confidence in the said William PICKARD she caused several sums of money of the like Bank annuities to be transferred the remain [?] in the name of the said William PICKARD in trust for her the said Frances JACOMB and that there were actually remaining in the name of the said William PICKARD in the books of the // Governor and company of the Bank of England at the time of death of the said Frances JACOMB the sum of two thousand four hundred pounds three per sent consolidated bank annuities upon such trust as aforesaid. And your Orator further shows that there was also standing in the name of [blank] PIKE [PYKE] widow at the time of the death of said Frances JACOMB the sum of six //
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Answer of Samuel WHITBREAD
.. Answer of Samuel WHITBREAD Esquire one of the defendants to the Bill of Compliant of William JACOMB Gentleman, Complainant.
This defendant now and at all times hereafter saving and reserving to himself all and all manner of advantage and benefit of exception which // […] to the many errors uncertainties and insufficiencies in the Complainant’s said Bill of Complaint contained for answer thereunto or unto so much // thereof as this defendant is advised is material or necessary for him to make answer. He this dependant answers and saith that Mary JULLIAN in the Complaint’s // Bill of Complaint named some short time before her death acquainted this defendant that she had made a Will and appointed this defendant one of the executors // thereof but this defendant saith he was not privy and consenting to the making of such Will and did not know of the same until she the said Mary JULLIAN had made // it and acquainted this defendant thereof as aforesaid and this defendant saith that the said Mary JULLIAN departed this life on or about the thirteenth day of // January now last past as this defendant hath been informed and believes but this defendant saith the said Will of the said Mary JULLIAN hath not been // proved by this defendant nor the other executor or executors therein named to the knowledge or belief of this defendant neither doth this defendant know // any more of the contents of such Will than that this defendant is appointed an executor thereof . And this defendant saith that he is desirous and ready to be discharged // from the trust therein contained and to do any act for that purpose as this Honorable Court shall direct. And this defendant denies he hath given // [?] or pretended that in case of the death of the said Mary JULLIAN He this defendant would call upon and oblige the Complainant to account to him for the // Several sums of one thousand two hundred pounds and three hundred and two pounds in the Complainant’s Bill mentioned to be transferred by the said // Complainant to Peter Bartholomew JULLIAN one other of the defendants therein named or either of them. And this defendant further answering saith he // hath been informed and believes that such indenture of settlement tripartite of such date purport and effect as in the Complainant’s Bill is // mentioned was made and executed previous to the marriage of the said Peter Bartholomew JULLIAN and Mary his Wife as in Bill set forth and this // defendant hath been informed and believes that by a deed poll bearing date on or about the twenty seventh day of November one thousand seven hundred // And sixty-one [1761] made and endorsed on the back of the said indenture of settlement one William PICKARD therein named as nominated and appointed // a trustee in the room of Henry JACOMB another of the defendants in the Complainants said Bill of Complaint named. And this defendant hath also // been informed and believes that by another Deed Poll bearing the date on or about the fourteenth day of February one thousand seven hundred and // Seventy two [1772] also made and indorsed on the back of the indenture of settlement this defendant was nominated and appointed a trustee in the room // of the William PARKARD then deceased but this defendant for his greater certainty as to the dates purports and contents of the said indenture of settlement // And indorsements thereon craves leave to refer thereto when the shall be produced. And this defendant denies all and all manner of unlawful // combination and confederacy where with he is charged without that that there is any other matter or thing in the complainants said Bill of Complainant // Contained material or effectual in the law for him this defendant to make answer unto and not herein and hereby well and sufficiently answered // Confessed or avoided transversed or denied is true to the knowledge and belief of this defendant. All which matters and things this defendant is // Ready and willing to [?] maintain and prove as this honourable Court shall direct and humbly prays to be hence dismissed with his // Reasonable costs and charges in this behalf most wrongfully sustained. //
Samuel WHITBREAD / Jno SEARE / WAINWRIGHT