Catalogue description Bill of Complaint.

PARTIES: 1a. Henry Woollright and

b. Mary, wife of 1a. Plaintiffs.

2a. Robert Henry Hurst

b. Mary Jane Youde

c. George Cleeve.

d. Joseph Clement Delano (when within the Jurisdiction).

e. George Evans.

f. Edward Watkin Edwards

g. and George Samuel Ford

h. Ann Holcombe

i. Thomas Cross

j. Abraham Turner

k. Robert Thomas Searles

l. Thomas Huggins

m. Margaret Mann

n. William Lindus

o. Robert Scott

p. Sir William Martins

q. Joseph Oliver

r. Charlotte Augusta Ritchie (when within the Jurisdiction).

s. William Ritchie (when within the Jurisdiction).

t. Charles Harrison

u. George Horace Smith and

v. Sidney Stevens Smith

w. Thomas Tegg

x. Henry Thomas Thomson

y. Elizabeth Mary Woollright

z. John Knowles and

aa. Richard Foster.

SUBJECT OF TRANSACTION: Nos. 1. - 14. are practically the same as nos. 1. - 14. in cat. no. Hey/XI/ii/4.

15. Indenture of 19 Jan. 1836 made between 1. Edward Youde (since deced father of M.J. Youde) 2. M.J. Youde (the defendant) 3. Joseph Toogood (since deced.) 4. James Gibbs (since deced). in which Edward Toogood purchased an annuity from Edward Youde of £251 for term of 99 yrs. if M.J. Youde should so long live at consideration of £1600 in which M.J. Youde stood surety for Edward Youde and which indenture recited indenture of 17 Sept. 1835 in which John Goddard purchased an annuity of £960 for term of 99 yrs. if M.J. Youde should so long live (for details see 17. in cat. no. Hey/XI/ii/4.) Also recited that divers other annuities of £788, £610, £400, £410, £150, £125, £160, £360 and £110 had been granted by Edward Youde and M.J. Youde and James Gibbs agreed that he should stand possessed of the lands etc. bank annuities and monies assigned to him by the indenture of 17 Sept. 1835 but subject to these annuities and to incumbrances mentioned in the indenture of 17 Sept. 1835 upon trust for Edward Youde and M.J. Youde until default be made in the payment of the Annuity of £251 and then to hold the same upon trust to secure the payment of the annuity of £251 to Joseph Toogood. Warrant of attorney also executed on the same day as the indenture in the sum of £3,200 to be a collateral security for the payment of the annuity of £251. Proviso for repurchase of the annuity on payment of £1,662.15.2d.

16. Memorial of the indenture of 19 Jan. 1836 and the warrant of attorney duly enrolled.

17. Judgment at the suit of Joseph Toogood entered up v. Edward Youde and M.J. Youde on 29 Feb. 1836 for £3,200 and costs pursuant to the warrant of attorney.

18. Joseph Toogood d. 27 Nov. 1843 having, in his will, appointed the plaintiff's and William Adams his executors and they are his sole legal personal reps. William Adams having renounced probate of said will

20 James Gibbs. d. - intestate and insolvent and has no legal personal rep. and no new trustee of indenture of 19 Jan. 1836 or of 17 Sept. 1835 has even been appointed.

19. death of Edward Youde - as 41 in cat. no. Hey/XI/ii/4.

21. as 43. in cat. no. Hey/XI/ii/4.

22. Plaintiff charge that the annuity of £251 in great arrears and that to make due provision for this the plaintiffs, as executors, are entitled to have the Upton Priory, Boddington and Lower Boddington estates and any other estates comprised in their security, and the bank annuities and cash, applied in payment of the arrears and to have the properties secured for payment of the annuity for the residue of its term.

23. Defendant M.J. Youde pretends that she was induced to execute the indenture of 19 Jan. 1836 - similar to no. 46. in cat. no. Hey/XI/ii/4.

24. Defendant M.J. Youde has executed various deeds creating divers other incumbrances on the Upton Priory Boddington and Lower Boddington estates, upon the bank annuities in addition to the incumbrance in favour of Joseph Toogood and in particular with annuities and monies originally payable (as far as the Plaintiffs can ascertain) to George Cleeve, Joseph Clement Delano, Thomas Dodsworth, Sarah Evans, James Gibbs, William Holcombe, Thomas Huggins, Anne Jackson, William Lindus, Mary Browne Luddington, Sir William Martins, Joseph Oliver, John Ritchie, William Henry Savage, George Smith, Thomas Tegg, Henry Thomas Thomson, William Tuppen and John Foster. George Cleeve is d. and the defendant George Cleeve is his sole legal personal rep. Joseph Clement Delano is a Defendant but is out of jurisdiction in America, Thomas Dodsworth is dead and has no legal personal rep. Sarah Evans is d. and defendant George Evans is her sole legal personal rep. James Gibbs. d. and has no legal personal rep. but was declared bankrupt during his lieftime and the defendants Edward Watkin Edwards and George Samuel Ford are his assignees and as such are entitled to the incumbrances created in his favour. William Holcombe d. and the defendants Ann Holcombe, Thomas Cross, Abraham Turner and Robert Thomas Searles are his legal personal reps. Thomas Huggins is alive and is a defendant. Anne Jackson d. and the incumbrance created in her favour was assigned by her executors to Margaret Mann (the defendant) and the executors of Anne Jackson claim no interest in the said incumbrance or in this suit. William Lindus is alive and is a defendant. Mary Browne Luddington is d. and the defendant Robert Scott is her legal personal rep. Sir William Martins is a defendant as is Joseph Oliver. John Ritchie d. and the defendant Charlotte Augusta Ritchie is his sole legal personal rep. but the annuity to John Ritchie was part vested in him beneficially and part vested in him in trust for Elizabeth Morice who is d. and has no legal personal rep. so much of the annuity vested in John Ritchie beneficially was assigned by him and became vested in the defendant William Ritchie, both Charlette Augusta Ritchie and William Ritchie are out of jurisdiction. William Henry Savage is d. and the defendant Charles Harrison is his sole legal personal rep. George Smith is death and the defendants George Horace Smith and Sidney Stevens Smith are his sole legal personal reps. Thomas Tegg and Henry Thomas Thomson are defendants. William Tuppen d. and the defendant Elizabeth Maty Woollright is his sole legal personal rep. John Foster d. and the defendants John Knowles and Richard Foster are his legal personal reps.

25. Plaintiffs charge that the Defendants named in the preceeding para. are the only persons who claim to be interested as incumbrances or otherwise in matters in question in this suit. Plaintiffs charge that some payments have been made in satisfaction of some of the incumbrances partly by means of monies advanced by the defendant Sir William Martins who advanced monies on an agreement to find the defendant M.J. Youde with funds for disputing the incumbrances and the plaintiffs cannot ascertain what is due in respect of the incumbrances and their priorities, they charge that the defendants ought to discover the names of the incumbrances, the instruments executed, the defendants George Horace Smith and Sidney Stevens Smith claim under some deed executed in 1840 long after the plaintiffs security and under some judgement recovered against M.J. Youde in 1857 and George Smith, in his life, issued an elegit on the said judgement. George Horace Smith and Sidney Stevens Smith claim priority over the plaintiffs and they have proceeded to enforce the testator's judgement against the said estate and annuities and on 31 July 1860 George Smith obtained an order whereby the interest of M.J. Youde in £4,857.7.6d. new 3% Bank Annuities was charged with the payment of £14,350 and interest and the said George Smith lately obtained another order attaching divers large sums of money payable to M.J. Youde by the tenants of the Upton Priory, Boddington and Lower Boddingtonestates but the plaintiffs charge that such orders were obtained without notice to the plaintiffs and are subject to the plaintiffs rights.

26. 30 May 1860 the defendants John Knowles and Richard Foster, as executors of John Foster also an incumbrancer subsequent to the plaintiffs filed a bill of complaint (subsequently amended on 13 Dec. 1860 by an order of 10 Dec. 1860 and on 20 Dec. 1860 by an order of 18 Dec. 1860) against the defendants Robert Henry Hurst and Mary J. Youde and the plaintiffs Henry Woollright and Mary his wife and the said George Smith then living) and several other persons who are defendants hereto, execpt themselves and the said George Smith's executors, seeking to realise the incumbrance of John Foster and answers to which were filed in the said suit by Robert Henry Hurst and M.J. Youde but by an order of 18 March 1851 the said bill was dismissed with costs as against the present plaintiffs and the defendants Sir William Martins, Joseph Oliver, Henry Thomas Thompson and Elizabeth Mary Woollright, who claimed incumbrances prior to that of John Foster, deced.

27. Defendant M.J. Youde was in receipt of rents and income comprised in the plaintiffs security from the d. of Charles Greenaway up to the appointment of a receiver but the remaining defendants in that suit intend to claim the income received by the receiver to the exclusion of the plaintiffs whereas the plaintiffs charge that the rents and income are necessary for the plaintiffs security and ought to be received by a Receiver and that M.J. Youde should execute a proper disentailing deed.

PRAYER The Plaintiffs pray -

1. That account be taken of what is due to the plaintiffs as executors of Joseph Toogood for the arrears of the annuity.

2. that the Upton Priory, Boddington and tower Boddington Estates and all other the estates comprised in the plaintiffs security be sold and the money used to (together with the bank annuities and cash) pay arrears and be secured to pay future payments of the annuity.

3. That inquiries be made for ascertaining the real and personal estate comprised in the plaintiff's security and the remaining incumbrances, their priorities and amounts due.

4. That M.J. Youde be ordered to disentail the premises.

5. That if necessary new trustee be appointed of the indentures of 17 Sept. 1836 and 19 Jan. 1836 in place of James Gibbs, deced.

6. That if necessary account be taken of the rents and profits of the estates and of the dividends of the bank annuities received since the d. of Charles Greenaway and of the application thereof.

7. That person be appointed to receive the rents and profits of the real estates, the dividends of the annuities and other the personalty comprised in the plaintiff's security and that such other personal estate be properly secured.

8. That persons found to be incumbrances and not parties to this suit may, on being served with the degree to be made in this suit, be bound thereby.

9. That for the purposes aforesaid accounts be taken, inquiries made and directions given.

10. That the plaintiffs may have such further relief as the nature of the case requires.

PLACE(S): UPTON (Parish of Burford and Upton and Signet), BODDINGTON and LOWER BODDINGTON (Northants)