Bill of Complaint.

PARTIES: 1a. John Knowles and b. Richard Foster. Plaintiffs.

2a. Robert Henry Hurst and b. Mary Jane Youde. Defendants.

SUBJECT OF TRANSACTION: In Chancery.

Points 1. - 14. are the same as cat. no. Hey/XI/ii/1.

15. By indenture of 21 July 1838 between (1) Edward Youde (2) Mary Jane Youde (3) John Goddard (4) John Foster and George Holgate Foster executors of William Foster deced. (5) said John Foster and (6) James Gibbs in consideration of £13,000 paid by 5. 1. and 2. as his surety granted to 5. for term of 99 yrs. is 2. should so long live an annuity of £2,020 with provision for 6. to enter into the premises if the annuity was in arrear and in the same indenture 1. released to 6. divers messuages etc. to which 1. was then entitled for an estate of inheritance (but subject to the charged and incumbrances affecting the same) to hold to 6. upon the trusts of the indenture. In the same indenture 1. assigned to 6. divers other messuages. to which 1. was then beneficially entitled for life (but subject to charged and incumbrances affecting the same) for term of 100 yrs. if 1. should so long live upon trusts. And 2. assigned to 6. all manors etc. to which 2. or any person in trust for 2. was or might become entitled for any estate or interest either in possession remainder reversion expectancy or otherwise under the settlement made on the marriage of Giles Greenaway and also all sums of money and bank annuities and premises by the will of Giles Greenaway given to be held by the trustees of the said will upon the trusts thereof and all the accumulations from any part thereof and all the dividends etc. therefrom and all messuages etc. which might be purchased with the said monies etc. pursuant to the trusts of said will of Giles Greenaway and to which 2. or any person in trust for her might become entitled in tail or for any other estate or interest either in possession remainder reversions expectancy or otherwise under the said will to hold to 6. for term of 1000 yrs. upon trust and 2. covenanted that if she should survive Charles Greenaway and that Charles Greenaway should die without issue without having barred his her or their estate tail in the said heredits. that 2. would after the death of Charles Greenaway and failure of his issue at the request of 6. and 5. or of their executors administrators or assigns execute such conveyances etc. as would be sufficient for barring all estates tail and remainders and reversions thereupon expectant or depending. Declared that 6. should hold the premises etc. until default be made in payment of said annuity and then to enter on to sell or dispose of the same or any part thereof, then to pay his costs and then to pay arrears of said annuity and to invest the surplus in the purchase of Bank 3% Consolidated Annuities in the name of 6. for securing the payment of said annuity. In same indenture 1. assured to 6. the arrears of certain annuity of £200 bequeathed to 1. during the joint lives of 1. and Sarah Youde by Thomas Watkin Youde deced. for the better securing of the payment of said annuity. In same indenture recited that a judgment for £26,000 was intended to be entered up upon a warrant of attorney against 1. and 2. at the suit of 5. and taken as a collateral security for the better securing the payment of said annuity of £2,020. Provision for repurchasing annuity on payment of £13,505 together with all arrears.

16. memorial of indenture enrolled and on 22 Aug. 1838 5. recovered judgment v. 1. and 2. for the sum of £26,000 and was the judgment referred to in the above indenture. The said judgement was duly docketted.

17. said annuity of £2,020 was paid for some time to 5. through 6. and the last payment was made on 12 July 1841 in respect of ½ yearly payment which had become due 21 July 1840.

18. In 1843 notice of the indenture of 21 July 1838 was given to Robert Henry Hurst the then trustee of will of said Giles Greenaway by George Holgate Foster on behalf of John Foster.

19. Such notice was accompanied by letter of 26 April 1843 from George Holgate Foster on behalf of his bro. John Foster to said Robert Henry Hurst.

20. Robert Henry Hurst acknowledged receipt of notice and letter by a letter from him to George Holgate Foster of 27 April 1843.

21. 30 Jan. 1844 Edward Youde and Mary Jane Youde obtained from Court of Queen's Bench a rule requiring John Foster to show why all proceedings on the judgement entered by him should not be stayed and why the indenture of 21 July 1838 should not be delivered up to be cancelled and the judgment vacated on the grounds that the names of the parties by whom the said annuity was to be received was not set forth in the memorial of the said annuity and that part of the consideration for the purchase of said annuity was returned to the person advancing the same and that part of the said consideration was retained on pretence of answering the future payments of said annuity and John Foster by his counsel showed cause v. the said rule and on 8 June 1844 the said rule was discharged with costs.

22. 8 June 1844 the judgement was registed v. Edward Youde and v. Mary Jane Youde and the judgement has from time to time been registered against them both.

23. 22 Sept. 1859 John Foster d. having made his will and appointed the Plaintiffs and James Foster executors and on 25 Oct. 1859 the will was proved by the Plaintiffs alone and the Plaintiffs are the sole legal personal reps. of said John Foster and there is a considerable sum due to them as such executors in respect of arrears of said annuity.

24. Edward Youde lately died intestate and insolvent and Mary Jane Youde is his heiress at law and there is no legal personal rep. of said Edward Youde.

25. James Gibbs also died intestate and there is no legal personal rep. of said James Gibbs.

26. Nov. 1859 Charles Greenaway died without issue and Mary Jane Youde became entitled in possession but subject to the incumbrance created by the indenture of 21 July 1830 to the property demised and assigned by her by the said indenture as a security for the annuity granted to John Foster and upon the d. of Charles Greenaway Mary Jane Youde is entitled to other real estates not comprised in said indenture but the Plaintiffs charged that they are entitled under the judgement so recovered v. the defendant Mary Jane Youde and which judgement is still subsisting to a decree for the sale of such real estates.

27. the Plaintiffs are ignorant of the particulars of the properties to which Mary Jane Youde is entitled and charge that the defendants ought to set forth particulars of them and by whom the income thereof has been received since the death of Charles Greenaway and how the said income since his d. has been applied and charge that they are entitled to have the properties of Mary Jane Youde applied in payment of the arrears of the annuity granted to John Foster and to have the properties secured to answer for payment of the annuity for the residue of the said term.

28. Defendants allege that there are incumbrances upon the property of Mary Jane Youde and that such incumbrances have priority over and that others are subsequent to the annuity but the plaintiffs do not know what incumbrances are affecting the properties or the names of the persons in whom the incumbrances are vested and charge that the defendants ought to discover who the persons are and the nature of their incumbrances.

PRAYER - the plaintiffs pray -

1. That an account be taken of what is due to the plaintiffs as executors of John Foster for the arrears of the annuity.

2. That the real estate demised by Mary Jane Youde to receive the said annuity and all other the real estate of M.J. Youde and upon which the recited judgement is charged be ascertained and sold and that the personal estate assigned by the defendant to secure the said annuity be ascertained and realised and that the monies arising from both sales may (subject to the rights of prior incumbrancers) be applied in payment of what is due to the plaintiffs as executors for arrears and subject to such payment secured for the purpose of meeting future payments of the annuity.

3. That enquiries be directed to ascertain incumbrances on the said real and personal estates and the priorities and amounts due and directions given for liquidating such incumbrances according to their priorities.

4. M.J. Youde ordered to execute a disentailing or other deed to give effect to the indenture of 21 July 1838.

5. that if necessary new trustees be appointed for the marriage settlement of Charles Greenaway and of the indenture of 21 July 1838.

6. That account of the rents and profits of the real estates and of the interest and dividends of the personal estate received by the defendants since the death of Charles Greenaway and of the application thereof and that if necessary some proper person be appointed to receive the rents and profits of the said real estates and the dividends and interest of said personal estate.

7. that all persons found to be incumbrance upon the said real and personal estate may on being served with the decree to be made in this suit be bound thereby and that if necessary this suit may be taken to be a suit by the Plaintiffs on behalf of themselves and all other the incumbrance upon the aforesaid real and personal estates.

8. the Plaintiffs may have such further or other relief as the nature of the case may require.

PLACE(S): GREAT and LITTLE BARRINGTON (Glos).