Catalogue description 1. Mary Bright of No.17 Imperial Square, Cheltenham, widow.   2. The Rev. John Meredith...

This record is held by Shropshire Archives

Details of 807/19
Reference: 807/19
Description:

1. Mary Bright of No.17 Imperial Square, Cheltenham, widow.

 

2. The Rev. John Meredith Williams of Berriew co. Montgomery clerk and Mary his wife, whom before her marriage was Mary Bright spinster; Joseph Lucion Coulbaut of Brussells chemical manufacturer and Louisa his wife, who before her marriage was Louisa Bright spinster; Eliza Bright of Cheltenham spinster; Amelia Bright of same spinster; and Frances Bright of No.180 Rue Verte Chauasee de Schaerbeck Brussells spinster.

 

3. The Rev. John Bright of Totterton House, Lydbury North, clerk.

 

4. John Rocke of Clungunford House,Clungunford esq. Bright

 

John Bright/late of Totterton, Vicar of Lydbury cum Norbury by will dated 19 March 1822 directed payment of debts with which he charge his personal estate and devised to his wife Mary Bright all his property with the presentation of the vicarage of Lydbury cum Norbury in trust for the use of his son John Bright his heirs and assigns for ever, but which she should enjoy until the son attained the age of 21, allowing him sufficient to complete his education; the testator also bequeathed to his wife £5000 over and above the £3000 mentioned in his marriage settlement, in all £8000 in trust for his 4 daughters Eliza, Mary, Frances and Amelia, to be paid to them equally at age 21, testator's wife to have the use of the money until then for their education; he also gave his daughters £2000 to be divided between them at the decease of their mother, to be raised by sale of his estates in the parishof Wentnor, his funded property, money on mortgage or security. Mary Bright to be executor. The testator made a codicil dated 11 July 1825 by which he cancelled the bequest of £2,000 to his daughters as his wife wasthen likely to produce another child; he gave that child the £2,000 in the same manner as the sum of £2,000 to his other daughters. The testator made another codicil 20 October 1829. The 5th daughter Louisa to have £2,000 in the same manner as Eliza, Mary, Frances and Amelia to be raised by sale of his estates in the parish of Wentnor his funded property and money on mortgage or security. The testator died - will proved 17 May 1834 by the executrix. No sale of estates has yet been made. The widow has paid all debts so far as they have come to her knowledge. In 18 (blank) Mary the daughter married John Meredith Williams and prior to the marriage the widow paid her £2,000 to which she was entitled under the will and settlement, but no release was executed.

 

In 18 (blank) Louisa married Joseph Lucien Coulbaut an prior to the marriage received her £2,000 but no release was executed 2 April last, Frances Bright filed a claim in the High Court of Chancery against Mary Bright widow and John Bright claiming the legacy of £2,000 and costs of her suit; if the court decided that neither of the defendants was liable, she claimed to have the personal estate of the testator administered in the said court on behalf of herself and other unpaid legatees and if this should prove insufficient, to have the legacy raised out of the testator's real estate at Wentnor with costs of her suit. The parties being desirous to terminate this suit have agreed that the estate at Wentnor shall be assured to John Bright and his heirs for his own use and that he should secure to his sisters Eliza and Amelia £2,000 each by his bond with interest at 2½% during the life of Mary Bright widow and at the rate of 4% afterwards until payment and that on settlement of the suit he should pay his sister Frances £200 and give her a mortgage on the estate at Wentnor to secure £1,800 to bear interest at 2½% during the lifetime of Mary Bright the widow and that after her decease 4%, 12 months notice should be given after the death of Mary Bright the widow before payment of each of the sums (which should not be called in during her life), Mary Bright the widow to pay all costs incurred in the suit or which should be incurred in settlement of the same and that John should not be liable.

 

John in pursuance of this agreement has given a bond of even date to Eliza in £4,000 for payment of the £2,000 and interest; and a similar bond to Amelia; and has paid Frances the £200 and intends by indenture prepared and to bear date the day after these presents to appoint the premises to use of Frances Bright her heirs and assigns by way of mortgage to secure payment of the £1800. Mary Bright the widow has paid all costs of the suit and settlement of it.

 

Consideration: Agreement and the premises.

 

John and Mary Bright convey to Rocke a messuage, barn, fold, buildings and appurtenance and parcels land occupied therewith (184a by admeasurement) in the parish of Wentnor (formerly Mr. Hotchkiss afterwards John Lelloe, now - Mapp) another parcel land at Wentnor (formerly Edward Jones, afterwards - as described on the map of the parish of Wentnor prepared for purposes of tithe commutation - numbers as in schedule, to hold, discharged of the sums of £2000 to which the daughters are respectively entitled under the will, to use of such estates as John Bright shall be deed or deeds direct and in default to use of him and his assigns during his life, after to use of trustee to preserve etc. after to use of John Bright his heirs and assigns for ever. John Bright declares that no woman who shall become his widow and who shall not be excluded from dower out of the premises conveyed by the limitations hereinbefore contained shall be entitled to dower out of the same hereditaments or any part.

 

Covenants that they have not prejudiced the estate. Declaration that the sums expressed to be paid have been paid except the £1800 secured to Frances Bright by the indenture of the next day and are in full for all monies which the parties in their own right or the right of their wives can claim out of the estate under the will and codicils or settlement. John Bright releases Mary Bright from all actions etc. which he might have against her as devisee in trust and executrix.

 

Signatures of Mary Bright, J.M. Williams, Mary Williams, Joseph Coulbaut, Louisa Coulbaut, Eliza Bright, Amelia Bright, Frances Bright, John Bright.

 

Witnesses: Humphrey Salwey, Solicitor, Ludlow; Thomas Ward his clerk, Robert Marriott No.51 Rue L'arbre benit, Ixelles near Brussels gentleman.

 

Deed acknowledged by Mary Williams before W.Soanley and R.D.Hannam(?), perpetual commissioners; and by Louisa Coulbaut before Howard de Valde and Thomas James Maltby commissioners specially appointed.

Date: 9 March 1853
Held by: Shropshire Archives, not available at The National Archives
Language: English

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