Bill of Complaint.

PARTIES: 1. Mary Jane Youde. Plaintiff.

2a. John Knowles.

b. Richard Foster

c. James Foster and

d. Robert Henry Hurst. Defendants.

SUBJECT OF TRANSACTION: In Chancery

1. Suit instituted to set aside as against the Plaintiff a grant of an annuity of £2,020 created by an indenture of 21 July 1838 which the plaintiff executed as surety for her father.

2. Plaintiff is only child of Edward Youde and Mary his wife, formerly Mary Greenaway, spinster, the dau. of Giles Greenaway.

3. Giles Greenaway at the date of his will and of his death was seized of considerable value in real and personal estate and at the time of the marriage settlement with his wife Jane his manor and certain estates at Gt. and Little Barrington, Glos. were limited from his death to the use of his wife Jane for her life (which interest has been determined by her death) subject to a power for him to charge £200 p.a. thereon in favour of any of his children by his said wife. And recited that the manor and all other his estates in Gt. and Little Barrington, Glos. were on the marriage settlement of his son Charles Greenaway charged with the payment of £700 p.a. in favour of his said son for his life and then with £600 for his son's wife for her jointure and that subject to these charges and to the life interest of the testator's wife in part of the said premises the said manor and premises were limited to his said son and his issue in strict settlement with remainders over with ultimate reversion to himself the said testator in fee. Recites that part of his estates not comprised in his marriage settlement were intermixed with the part comprised in the settlement ...and reciting that he was seized of other premises in the city of Gloucester and at Mearham near Gloucester the said testator devised the same to Samuel Higgs (by mistake called Charles Higgs) and Robert Hurst (both now deced.) and their heirs upon trust to sell the same with the ultimate object of investing the residue in freehold lands and heredits. to be settled on Charles Greenaway for his life with remainder to the issue of his body in strict settlement in the same manner as the testator's manor and estate at Little Barrington and until the said monies be so laid out the testator devised that the same should be invested in government securities and that the interest should be paid to the same persons as would be entitled to the rents of the estates to be purchased in case such purchases should have been made. Restator bequeathed to Charles Higgs and Robert Hurst all his monies etc. and all other his personal estate not disposed of (except his navy £5 % annuities) to convert the same into money and after payment of debts and legacies to invest the same in £4% Bank Annuities to be added to other such stock and to hold the whole of such stock and of the dividends and interest and proceeds thereof and of other trust premises until the same should be sold and invested as to £1080 upon certain trusts therein mentioned and as to the residue upon trust to pay certain contingent annual payments to son Charles and said wife during the life of the testator's wife and to his dau. Mary Youde deced. and subject to such payments the trustees to invest the dividends in like stock and all such dividends to become capital stock until end of 15 yrs. Capital stock in navy £5% annuities also bequeathed to said trustees to invest the dividends in purchase of like annuities for term of 15 yrs. and then the trustees to sell both lots of stock and the proceeds to be invested upon the trusts thereinbefore mentioned in the purchase of real estate situate in or near the County of Gloucester and to be settled to the use of his son Charles and his assigns for life with remainder to the use of his trustees during the life of his son to preserve contingent remainders with remainder to the use of the 1st and other sons of his son successively in tail general with remainder to the use of the 1st and other daus. of said son successively in tail general with remainder to the use of his dau. Mary Youde and her assigns for her life with remainder to the use of his trustees during her life to preserve contingent remainders with remainder to the use of the 1st and other sons of said dau. successively in tail general with remainder to the use of the 1st and other daus. of said dau. Mary Youde successively in tail general with divers remainders over. Appointed son Charles Greenaway the said Samuel (named Charles) Higgs executors.

4. Giles Greenaway d. leaving Charles Greenaway his only son. and his dau. Mary Youde and said widow and said trustees and executors surviving him without having revoked or altered his will.

5. Widow of Giles Greenaway d. Mary Youde d. June 1817 leaving the Plaintiff M. J. Youde her only child M.J. Youde was born Sept. 1812 attained 21 in Sept. 1833.

6. 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 (5) said John Foster and (b) James Gibbs. which recited indenture of 17 Sept. 1855 in which for consideration of £6100 an annuity of £960 was granted to John Goddard for term of 99 yrs. of M.J. Youde should so long live and recites 2 other indentures of 3 Oct. 1855 and 30 Sept. 1857 for considerations of £2,400 and £1,650 and for the granting of annuities of £400 and £258 to John Goddard for the same term which annuities were released in consideration of £11,841.9.5d. and £1,158.1a.7d. and granted an annuity of £2,020 for the same term of yrs. Covenanted that if the annuity was in arrears then James Gibbs could enter on the premises released by Edward Youde to satisfy the arrears and in the same indenture Edward Youde released to James Gibbs divers messuages etc. to which Edward Youde was then entitled for an estate of inheritance (but subject to charges and incumbrances affecting the same) and Edward Youde also released to James Gibbs divers other messuages etc. in which Edward Youde was beneficially entitled for life to hold for term of 100 yrs. if Edward Youde should so long live and in the same indenture M.J. Youde assigned to James Gibbs all the manors etc. which she or any person in trust for her was or might become entitled either in possession remainder reversion expectancy or otherwise under the marriage settlement of Charles Greenaway and all sums of money and bank annuities and premises granted of Charles's Greenaway or directed to be held by the trustees of the said will and all messuages etc. which might be purchased with the said monies, bank annuities etc. pursuant to the will of Giles Greenaway and to which she M.J. Youde might become entitled in tail or for any other estate or interest either in possession remainder reversion expectancy or otherwise under the said will - to hold to James Gibbs for term of 1,000 yrs and to receive the monies, bank annuities etc. and in the indenture M.J. Youde covenanted with James Gibbs that if she should survive Charles Greenaway and that Charles G. should die without issue or without having barred his her or their estate tail in the said heredits. then she would after the d. of said Charles Greenaway and failure of his issue make all such conveyances etc. to harr all estates tail and remainders and reversions thereupon expectant or depending. James Gibbs to hold the premises in trust for Edward Youde and M.J. Youde respectively until default be made in payment of the annuity and then to hold the same upon trust to pay to John Foster the arrears and invest the surplus for the further securing the payment of the said annuity and in the same indenture Edward Youde conveyed to James Gibbs the arrears of an annuity of £200 bequeathed to Edward Youde during the joint lives of himself and Sarah Youde by Thomas Watkin Youde deced. to hold to James Gibbs for the better securing of the payment of the said annuity. In the same indenture recited that a judgement for £26,000 was intended to be entered on a warrant of attorney v. Edward Youde and M.J. Youde as a collateral security for securing the payment of the said annuity. Provision for repurchase of annuity on payment of £13,505.

7. Memorial of the indenture enrolled and in pursuance a warrant of attorney dated 21 July 1838 signed judgement v. Edward Youde and M.J. Youde for sum of £26,000. The Plaintiff never had any copy or abstract of the said indenture in her possession and she is unable to set forth the same more accurately.

8. The annuities of £960, £400 and £258 expressed to be released by the indenture of 21 July 1858 were granted to John Goddard as trustee for William Foster and the annuity of £2,020 was granted to John Foster on behalf of himself and George Holgate Foster as executors of William Foster.

9. Edward Youde d. July 1846. No application was made to the Plaintiff either during the lifetime of Edward Youde or afterwards until the filing of the bill for payment of the said annuity.

10. Robert Hurst survived his co-trustee Samuel Higgs and d. April 1843 intestate as to the estates vested in him as trustee leaving Robert Henry Hurst the elder his son and heir at law and having appointed him his executor.

11. Robert Henry Hurst the elder proved the will of Robert Henry Hurst (sic) and d. Feb. 1857 also intestate as to estates vested in him as trustee leaving the defendant Robert Henry Hurst his eldest son and heir at law and having appointed him his executor and who proved the will.

12. Edward Youde d. July 1846 having appointed Thomas Stephens and the Plaintiff executor and executrix and having devised all his real and personal estate in trust for the Plaintiff. Thomas Stephens alone proved the will but has since d. and there are now no legal personal reps. of Edward Youde. Edward Youde in insolvent circumstances at time of death.

13. James Gibbs adjudged a bankrupt in 1843, he died in 18- intestate and insolvent and has no legal personal rep.

14. Charles Greenaway d. without issue on 25 Nov. 1859 whereupon the Plaintiff became entitled as tenant in tail in possession or absolutely to all the estate, stock monies and premises whereof the several uses were limited by the said will.

15. May 1860 the defendants John Knowles and Richard Foster filed their Bill of Complaint v. Robert Henry Hurst and M.J. Youde for the purpose of realising the security created by the indenture of 21 July 1838 and the said judgement. Dec. 1860 the said Bill was amended by making several others who claimed to be incumbrancers Defendants and the amended bill contained statements that the personal estate of Giles Greenaway had been invested (except £4,857.7.6d. new 3% annuities standing in the name of Robert Hurst deced. and £71.6.10d. cash in the hands of the defendants Robert Henry Hurst) in the purchase of the Upton Priory, Boddington and Lower Boddington estates. That John Foster d. 22 Sept. 1859 having appointed John Knowles, Richard Foster and James Foster his executors but that his will was proved by John Knowles and Richard Foster and that no payment had been made in the annuity of £2,202 since 12 July 1841. It prayed that account be taken of what was due to John Knowles and Richard Foster as executors for the arrears of the annuity, that the 3 estates at Upton, Boddington and Lower Boddington be sold and, together with the said Bank £3% annuities, and cash, be applied, subject to the rights of prior incumbrancers, in payment of what was due to John Knowles and Richard Foster as executor and be secured to meet future payments, that inquiries be made to find incumbrance on the real estates, bank annuities and cash and their priorities and amounts and that directions be given to liquidating these incumbrances according to their priorities. that M.J. Youde execute and necessary disentailing deeds to give effect to the indenture of 21 July 1838 and that if necessary new trustees be appointed of the indenture 21 July 1838. That if necessary account be taken of the rents and profits of the real estates, of the dividends of the bank annuities since d. of Charles Greenaway and of their application, that some person be appointed receiver of the rents and dividends. That all persons found to be incumbrances and who are not parties to the said suit be bound thereby, for further relief and by an order made in the suit dated 15 Nov. 1860 it was ordered that a person be appointed receiver but the order was to be without prejudice to the right of any prior incumbrancer to take possession.

16. Similar to no. 16. in cat. no. Hey/XI/ii/9. but does not have the manuscript addition including if necessary the indentures of 17 Sept. 1835, 3 Oct. 1835 and 30 Sept. 1837 being declared void.

17. Similar to no. 17. in cat. no. Hey/XI/ii/9. but the references to the Plas Madoc property have been slightly altered, in ink in cat. no. Hey/XI/ii/9. Hey/XI/ii/9.

18. The plaintiff during her residence in Ostend was without anyone from as in the alterations in cat. no. whom she could ask advice and although she occasionally visited James Gibbs in England no allusion was ever made by him to the transactions nor to the plaintiff having acted as surety for Edward Youde. In 1832 Edward Youde granted 7 annuities the only security being his covenant and life insurance policies and he was unable to raise further money by these means.

19. With ref. to the indentures of 21 July 1838, 17 Sept. 1835, 5 Oct. 1835 and 30 Sept. 1837 the Plaintiff shows that for some time previous to the transaction of Sept. 1835 John Goddard and William Foster had been in the habit of using James Gibbs as their solicitor and agent and that for some time previous to the transaction of July 1838 John Foster and George Holgate Foster had likewise been in the habit of so using James Gibbs. The greater part of the business transaction by James Gibbs for John Goddard, William Foster, John Foster and George Holgate Foster consisted of lending monies of them at great rates of interest, that John Goddard and William Foster employed James Gibbs to procure the grant of the annuities of £960, £400, and £258 and that John Foster and George Holgate Foster used James Gibbs to procure the annuity of £2020. Previous to each grant of annuities it was arranged by James Gibbs and Edward Youde that the plaintiff should join in as surety for Edward Youde and for charging her estate and interest in remainder under the will of Giles Greenaway as a collateral security but no application was made to the plaintiff and she was ignorant of it.

20. As 20 in cat. no. Hey/XI/ii/9.

21. The indentures of 3 Oct. 1835 and 30 Sept. 1837 were brought over to Ostend by George Bryan already engrossed. No payment of the considerations of £4,200 and £1,650 was handed over but money equal to the considerations was brought over and handed to Edward Youde on execution and immediately returned by him to George Bryan and no part of the sums was retained by Edward Youde but immediately taken back by George Bryan to James Gibbs.

22. Similar to no. 22 in cat. no. Hey/XI/ii/9.

23. and 24. are the same as nos. 23 and 24. in cat. no. Hey/XI/ii/9.

25. Plaintiff charges that James Gibbs acted as solicitor and agent to John Goddard and William Foster in the grant of the annuities of £960, £400 and £258 and as solicitor and agent for John Goddard, John Foster and George Holgate Foster for the grant of the annuity of £2020.

26. Defendants John Knowles and Richard Foster allege that James Gibbs accounted with Edward Youde for the consideration sums of £6,100, £2,400 £1,650 and £1,158.19.7d. but the plaintiff shows that out of these sums James Gibbs retained large sums for alleged costs, that during period 1835 - 1843 when James Gibbs was adjudicated bankrupt he was largely indebted to Edward Youde and that at the date of the bankruptcy he was indebted for £10,034.18.10d. to Edward Youde and no part this has been paid. The sum of £13,000 the aggregate amount of the sums in the indenture of 21 July 1838 was a grossly inadequate consideration for an annuity of £2,020.

27. largely the same as no. 35 in cat. no. Hey/XI/ii/9.

28. The plaintiff charges that if the indenture of 21 July 1838 could have had any validity against her in other respects yet the retaining by James Gibbs without the knowledge of the plaintiff of the sums of £6,100, £2,400, £1,650 and £1,158.19.7d. was a fraud upon the plaintiff as surety for Edward Youde and would render the indenture of 21 July 1838 void as against her. The plaintiff lately discovered that at the date of the 3 first mentioned indentures James Gibbs was indebted to Edward Youde and that at the date of the indenture of 21 July 1838 James Gibbs was indebted to Edward Youde in the sum of approx. £10,000.

29. largely as no. 37 in cat. no. Hey/XI/ii/9.

30. - 32. as nos. 38 - 40. in cat. no. Hey/XI/ii/9.

PRAYER The Plaintiff prays -

1. That it be declared that the indenture of 21 July 1838 and the warrant of attorney of even date are void so far as they purport to operate as a security for payment by the plaintiff of the annuity of £2,020 or as a charge of such annuity on the property of the plaintiff.

2. That under the circumstances the judgement entered up by John Foster v. Edward Youde and the Plaintiff on 22 Aug. 1838 is not binding on the plaintiff and that the defendants John Knowles, Richard Foster and James Foster are not entitled to derive any benefit from them. nos. 3. - 5. are the same as nos. 3. - 5 in cat. no. Hey/XI/ii/9.

REMARKS: Cat. no. Hey/XI/ii/9 which is pages 13 to 20 of an amended Bill of Complaint the cover of which states "Filed 23rd. Febry 1861." appears to be the same as this document but with manuscript additions in ink. It would appear to have been made about August 1861 because it has the ink endorsement "10 proofs by 10 tomorrow 6/8/61 WW."

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