Bill of Complaint.

PARTIES: 1. George Evans. Plaintiff.

2a. Robert Henry Hurst.

b. Mary Jane Youde.

c. George Smith.

d. Samuel Edward Donne.

e. Sir William Martins, kt.

f. John Knowles, and

g. Richard Foster. Defendants.

SUBJECT OF TRANSACTION: In Chancery.

1. Giles Freeman formerly of Gloucester, esq., deced. was possessed of the fee simple of manor and other heredits. in Gt. and Little Barrington, Glos. by a settlement made previous to the marriage of his son Charles Greenaway (since deced). upon trust to raise and pay £700 p.a. to said son for his life and then to pay £600 p.a. to wife of said Charles Greenaway (also since deced.) and subject to a life interest of the wife of said Giles Greenaway in part of said heredits. upon trust for said Charles Greenaway and his issue with remainder in trust for Mary Youde dau. of said Giles Greenaway and her assigns for life with remainder in trust for 1st and other sons of said Mary Youde successively in tail general with remainder in trust for the 1st and other daus. of said Mary Youde successively in tail general with divers remainders over with the ultimate reversions to the said Giles Greenaway in fee.

2. Recites that the legal estate in the said heredits. comprised in the settlement is outstanding in trustees whose names the Plaintiff does not know.

3. said Giles Greenaway at the time of making his will and at the time of his death was seized of other real estates and considerable personal estate and effects.

4. Giles Greenaway's will dated 16 April 1814 recited that his manor and estates at Gt. and Little Barrington, Glos. were by a settlement made previous to the marriage of his son Charles Greenaway charged with payment of £700 p.a. in favour of said son for life and then with annual sum of £600 to said son's wife (also deced.) and to life interest of testator's wife in part of the heredits. (she also deced.) such manor and estate were limited to said son and his issue in strict settlement with remainders over with the ultimate reversion to the testator in fee.

Recites that part of his estate were not comprised in settlement made on testator's marriage with wife and were intermixed with the part comprised in such settlement and made provisions for wife (both in the settled and unsettled estate) for her life and also to wife the use of house in Gloucester occup. by testator and to his dau. Margaret Jepson (since deced.) the house she occup. in Gloucester for her life. Will also recited that testator was seized of other property in Gloucester and at Mearham, nr. Gloucester and the testator devised the same to Samuel Higgs (called in the will Charles Higgs) and Robert Hurst (both since deced.) and their heirs upon trust to sell and to lay out the proceeds in purchase of freehold heredit. to be settled for use of son Charles Greenaway for his life with remainder to the issue of his body in strict settlement in the same manner as the Little Barrington property was limited. Testator gave to said Charles Higgs and Robert Hurst all monies, securities, shares etc. (except his stock in the Navy £5% p.a. Annuities) on trust to convert the same into money, and after payment of debts and certain legacies, to convert the same into £4% Bank Annuities to be added to the capital stock in his name and to possess the whole of the stock (until the same should be sold) as to £1,080 out of the residue upon trust to pay out of the dividends certain annual payments to son Charles and his wife during the life of the testator's wife and to the testator's dau. Mary Youde (since deced), and any residue to be converted into stock. As to the Navy Stock the testator devised that the dividends should be converted into like Navy Stock for term of 15 yrs. and then the whole £5% and £4% annuities should be sold and the proceeds used in the purchase of real estate in or near the county of Glos. to be conveyed to the use of his son Charles Greenaway and his assigns for life with remainder to the use of his said trustees during the life of his said son to preserve the contingent remainders with remainder to the use of the 1st and other sons of his said 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 the testator's dau. Mary Youde and her assigns for her life with remainder to the use of said trustees during her life upon trust to preserve the contingent remainders with remainder to the use of the 1st and other sons of his said dau. Mary Youde successively in tail general with remainder to the use of the first and other daus. of said Mary Youde successively in tail general with divers remainders over. Will devised that if not convenient to purchase the premises at the times stated then his son or other person to whom the rents would have been paid should take the dividends and proceeds of the said stock. Will appointed said son Charles Greenaway and the said Samuel Higgs (therein called Charles Higgs) executors of the will.

5. Testator Giles Greenaway since deced. leaving Charles Greenaway his only son and his dau. Mary Youde and his said widow and his said trustees and executors surviving him and the will was proved 10 Feb.

6. Samuel Higgs since dead and Robert Hurst his co-trustee survived him

7. Robert Hurst d. April 1843 intestate as to all estates vested in him as a trustee leaving Robert Henry Hurst the elder his son and heir at law and had appointed in his will said son R.H. Hurst as executor.

8. R.H. Hurst the elder proved the will of Robert Hurst and died Feb. 1857 leaving defendant Robert Henry Hurst his eldest son and heir at law as his executor.

9. Will of R.H. Hurst the elder proved by Robert Henry Hurst on 2 March 1857 whereby he became the sole legal personal representative of said Robert Hurst and the real and personal estates bequeathed by Giles Greenway to said Samuel Higgs and Robert Hurst on trust are legally vested in him as trustee of the will.

10. The bequest of the personal estate by will of Giles Greenaway to the said trustees having been assented to by the executors the said Samuel Higgs and Robert Hurst as trustees entered into possession of the real estate and took possess. of the personal estate devised to them and continued in possess. for their lives and after the decease of the survivor of them the said R.H. Hurst the father and the defendant R.H. Hurst successively entered and continued in possess.

11. Said trustees of the will of Giles Greenaway have sold off portions of the said real and personal estate and have purchased other and the Plaintiff charges that R.H. Hurst should set forth an account of the present trust premises.

12. widow of Giles and wife of Charles Greenaway since dead.

13. Charles Greenaway, with the sanction of the trustees of his settlement and of the will of Giles Greenaway, entered into possess. of the rents of the real estates comprised in the settlement and of the real estates subject to the trusts of the will which remained unsold and received the interest of the trust funds as tenant for life and continued in possession and receipt until his death.

14. Mary Youde died June 1817 leaving only one child Mary Jane Youde.

15. Indenture of 31 March 1840 between (1) Edward Youde (2) Mary Jane Youde (3) Sarah Evans (deced) (4) James Gibbs (deced) in which 3. purchased an annuity of £63 for the lives of William Holloway, John Goddard Lemuel Goddard and Ebenezer Waugh Fernie and for the life of the survivor of them and in the same deed 2. at the direction of 3. released to 4. all the manors etc. of 2. or in which 2. might become entitled either in tail or for life or for any other estate either in possession reversion remainder expectancy or otherwise under the said settlement or under the will of Giles Greenaway and all sums of money bank annuities and premises under the will of Giles Greenaway directed to be held by his said trustees and all messuages etc. which might be purchased by such monies etc. to hold to 4. for term of 1000 yrs. upon trust for securing the payment of the said annuity. Mary Jane Youde covenanted that if she survived Charles Greenaway and Charles Greenaway should die without issue then she, at the request of 3. and 4., would execute all such conveyances etc. as would be sufficient for barring all estates tail and remainders and reversions thereupon expectant or depending and all interest in the nature of estates tail or remainders or reversions thereupon expectant in the said manors. etc. and bank annuities etc. and for vesting the said manors etc. in 4. for the residue of the said term of 1,000 yrs. and for vesting the said bank annuities etc. in 4. Provision for 4. to enter into possess. if the annuity of £63 should be in arrear.

16. Said indenture was executed by said Edward Youde and Mary Jane Youde at Ostend and the indenture was then enrolled.

17. No payment has been made in respect of the said annuity and Edward Youde and Mary Jane Youde left Ostend and the Plaintiff had no means of knowing where they continued to reside until after the death of Edward Youde.

18. Edward Youde d. July 1846 leaving Mary Jane Youde his only child and sole heiress at law and the Plaintiff has ascertained that the whole of the real estate of Edward Youde has been sold and the produce used in payment of his mortgage and other specialty debts.

19. Edward Youde d. intestate and was at the time of his death wholly insolvent, left no personal assets and no person has taken out admin. of his estate.

20. Sarah Evans executed her last will of 30 April 1852 and appointed her son the Plaintiff her executor.

21. Sarah Evans d. 1 Nov. 1853 and the will was proved 10 Jan. 1854.

22. James Gibbs has since died intestate and no admin. taken out to his estate but the Plaintiff submits that the legal estate in the real and personal estate comprised in and subject to the said trusts of the settlement of Charles Greenaway and will of Giles Greenaway being outstanding in the respective trustees of the said settlement and will no legal or beneficial estate or interest was vested in said James Gibbs and that his legal rep. is not a necessary party to this suit.

23. said William Holloway, John Goddard, Lemuel Goddard and Ebenezer Waugh Ferie still living.

24. Charles Greenaway died 25 Nov. 1859 without issue when Mary Jane Youde became beneficially entitled as tenant in tail in possess. and absolutely to the estates stock monies and premises respectively comprised in will of Giles Greenaway.

25. Mary Jane Youde on d. of Giles Greenaway became beneficially entitled as tenant in tail or in fee to the estates of Gt. and Little Barrington and other estate under the said settlements in the will referred to as being made on marriage of Giles Greenaway's son and on the marriage of the testator all which estate or the interest therein of Mary Jane Youde were comprised in or passed under and became liable to the trusts of the indenture of 31 March 1840 but the Plaintiff has been unable to discover and the Defendants refuse to set forth the particulars of such estates or of the settlements under which Mary Jane Youde became entitled.

26. Plaintiff has applied to Mary Jane Youde to pay or come to some arrangement with him as executor of Sarah Evans in respect of the arrears of the annuity and for the future payments but has not been able to do so and the Plaintiff wishes to enforce the said security of 31 March 1840 but cannot do so without the assistance of this Court.

27. Defendant George Smith claims to be an incumbrancer upon the estate and interest of Mary Jane Youde in the said estates and premises in the will of Giles Greenaway by virtue of an indenture of 14 March 1840 by which an annuity of £820 is alleged to be secured to defendant George Smith for term of 99 yrs. if Mary Jane Youde should so long live and by term of 1,000 yrs. in the real estate and interest of Mary Jane Youde under the will of Giles Greenaway is alleged to have been demised and her interest in the personal estate subject to the said will assigned by Mary Jane Youde to Thomas Stephens as a trustee to secure the said last mentioned annuity.

28. Thomas Stephens d. Aug. 1855 and by will of 6 Aug. 1855 appointed Samuel Edward Donne his sole executor and he proved the will and is now sole legal rep. of said Thomas Stephens.

29. Sir William Martins and John Knowles and Richard Foster the personal reps. of John Foster deced. claim to be incumbrancers upon the said last mentioned estates and premises of Mary Jane Youde by virtue of certain securities which they allege were executed prior to the said indenture of 31 March 1840 the particulars whereof they ought to discover.

30. 25 Jan. 1860 the defendant George Smith filed his bill in this court against the defendants Robert Henry Hurst, Mary Jane Youde, Samuel Edward Donne, Sir William Martins, John Knowles and Richard Foster praying that an account might be taken of what was due to George Smith for the arrears of said annuity and on a judgment entered up by him for the arrears and that the said heredits. comprised in the last mentioned term of 1,000 yrs. granted by the indenture of 14 March 1840 might be sold and that out of such sale George Smith might be paid the amount due or so much thereof as should not be recovered by the judgment and that the residue of such produce might be secured for meeting the future arrears of the annuity and that proper enquiries be made for ascertaining what estates, securities etc. passed under the trusts of the indenture of 14 March 1840 and were comprised in the term of 1,000 yrs. and that George Smith had, by virtue of his said judgment, acquired a first charge on the said heredits. etc. bequeathed by will of Giles Greenaway and to which Mary Jane Youde became entitled subject to the last mentioned term or that he had by giving notice to the defendant Robert Henry Hurst acquired a priority in respect of such portions of the said trust property as consisted of such choses in action and that proper enquires be made for ascertaining what incumbrances there were besides those of the defendant Sir William Martins and the said John Foster affecting the said estates and that the priorities of George Smith and all other incumbrancers on the said trust premises and the amounts due in respect of such incumbrances be ascertained and that property directions be given for satisfying George Smith and such other incumbrancers and that Mary Jane Youde be ordered to execute any disentailing deed or other such deed as might be necessary to give full effect to George Smith's said securities and that all proper accounts might be directed enquiries made and directions given as were necessary for all the purposes.

31. the Defendants allege that there are divers other incumbrances on the said estate comprised in the will of Giles Greenaway the particulars which they refuse to set forth and the Plaintiff is unable to discover and the Plaintiff charges that all such incumbrances are subsequent to and ought to be postponed to his securities.

PRAYER - The Plaintiff prays -

1. That account be taken of what is due to the plaintiff as executor of Sarah Evans deced. for arrears of her annuity.

2. That the heredits. and premises comprised in said term of 1,000 yrs. by indenture of 31 March 1840 be sold and the personal estate comprised in said indenture realised and that out of the proceeds the plaintiff be paid the amount due to him and that the residue be secured for meeting future payments.

3. proper enquiries be made to ascertain what estates etc. passed under and are subject to the trusts of the indenture of 31 March 1840.

4. Account be taken of the trust estate comprised in last mentioned indenture.

5. Propery enquiries be made to ascertain what incumbrances affect the estate and interest of Mary Jane Youde in the said estates and premises and that the priorities of the plaintiff and other incumbrancers on the said trust premises and the amounts due be ascertained and that directions given for satisfying said incumbrance of the plaintiff and such other incumbrances (the plaintiff offering to redeem such of the incumbrances as shall be found prior to the indenture of 31 March 1840)

6. Mary Jane Youde be ordered to execute distentailing or other deed necessary to give full effect to the plaintiff's said security.

7. propery accounts be taken enquires made and directions given for all the above purposes.

8. A proper person be appointed by order of this court to receive the rents. ets. comprised in the indenture of 31 March 1840.

9. That the costs of this suit be provided for.

10. That the plaintiff may have such further or other relief as the nature of the case may require.

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