Petition for carrying out terms of Compromise.

PARTIES: 1a. George Smith (since deced).

b. George Horace Smith and

c. Sidney Stephens Smith. Plaintiffs.

2a. Sir William Martins

b. John Knowles

c. Richard Foster

d. James Foster

e. Elizabeth Mary Woollright

f. Henry Woollright

g. Mary, wife of 1f.

h. Simon Fawcett,

i. Jane wife of 1h.

j. Francis Rider

k. Charles Harrison

l. Henry Thomas Thomson

m. George Cleeve

n. Joseph Oliver

o. Ann Holcombe

p. Joseph Clement Delano (out of Jurisdiction).

q. Thomas Tegg

r. William Lindus

s. Margaret Mann

t. Robert Scott

u. Charlotte Augusta Ritchie

v. William Ritchie

w. George Evans

x. Edward Watkin Edwards

y. George Samuel Ford.

z. Thomas Huggins

aa. John Goddard

ab. Mary Jane Youde (out of jurisdiction).

ac. Robert Henry Hurst and

ad. Samuel Edward Donne. Defendants.

and between

3a. Mary Jane Youde. Plaintiff.

4a. George Smith

b. Robert Henry Hurst and

c. Samuel Edward Donne. Defendants

and between

5. George Evans Plaintiff.

6a. 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.

and between

7a. John Knowles

b. Richard Foster and

c. James Foster Plaintiffs.

8a. Robert Henry Hurst and

c. Mary Jane Youde

d. George Cleeve

e. Joseph Clement Delano (when within the jurisdiction)

f. George Evans

g. Edward Watkin Edwards and

h. George Samuel Ford

i. Ann Holcombe

j. Thomas Cross

k. Abraham Turner

l. Robert Thomas Searles

m. Thomas Huggins

o. Margaret Mann

p. William Lindus

q. Robert Scott

r. Charlotte Augusta Ritchie (when within the jurisdiction)

s. William Ritchie (when within the jurisdiction)

t. Charles Harrison

u. George Horace Smith

v. Sidney Stephens Smith

w. Thomas Tegg and x. John Goddard Defendants

and between

9. Mary Jane Youde. Plaintiff.

10a. John Knowles

b. Richard Foster

c. James Foster

d. Robert Henry Hurst and

e. John Goddard. Defendants.

and between

11a. Henry Woollright and

b. Mary, wife of 11a. Plaintiffs.

12a. 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. George Samuel Ford

h. Ann Holcombe

i. Thomas Cross

j. Abraham Turner

k. Robert Thomas Searles

12.l. Thomas Higgins. (sic)

12.m. Margarett Mann.

h. 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 Stephens Smith

w. Thomas Tegg

x. Henry Thomas Thomson

y. Elizabeth Mary Woollright

z. John Knowles and

aa. Richard Foster. Defendants.

and between

13. Mary Jane Youde. Plaintiff.

14a. Henry Woolright

b. Mary, wife of 14a.

c. Robert Henry Hurst. Defendants.

SUBJECT OF TRANSACTION: Petition of Mary Jane Youde to the Lord Chancellor.

1. shows that the suits relate to charges and incumbrances on the estates subject to the trusts of the will of Giles Greenaway and the object of the petition is to effect a compromise which the parties have come to and the terms of which are embodied in an indenture of 24 Dec. 1861.

2. recites will of Giles Greenaway.

3. d. of Giles Greenaway on 1 Jan. 1815 and will proved by Charles Greenaway and Samuel Higgs.

4. Samuel Higgs and Robert Hurst took possession of the testator's personal estate and at the expiration of the term of 15 yrs. in 1829 the fund has reached £12721.1.5d. 4% Stock and £92846.17.3 New 4% Stock into which the £5% Stock had been reduced.

5. Mary Youde d. June 1817 leaving M.J. Youde her only child.

6. 1829 Robert Hurst (surviving trustee of will of Giles Greenaway) purchased Upton Priory Estate for £50,849.12.6d. by indenture of 10 July 1829 conveyed on trusts the last of which was to the use of M.J. Youde in tail general with divers remainders over.

7. 1835 Robert Hurst purchased Upper Boddington Estate for £28,200 by indenture of 10 Jan. 1835 to hold to Robert Hurst for the same uses as the Upton Priory Estate.

8. Robert Hurst d. April 1843, Robert Henry Hurst his eldest son his sole executor who proved the will.

9. 1845 Robert Henry Hurst the elder purchased the Lower Boddington Estate for £10,000 by indenture of 18 Jan. 1845 in which the property was conveyed to Robert Henry Hurst on nearly the same circumstances as the Upton Priory estate.

10. in 1847 Robert Henry Hust the elder as trustee purchased other messuages etc. in Northants for £7,750 by an indenture of 22 Oct. 1847 conveyed to Robert Henry Hurst the elder to the same uses as the Upton Priory estate.

11. These purchases exhausted the fund with the exception of £4857.7.6d Bank New 3% Annuities and a small sum of cash.

12. Mary Jane Youde attained 21 in Sept. 1833.

13. By indenture of 25 Sept. 1835 in consideration of £5,000 Sir William Martins was granted an annuity of £788 for term of 99 yrs. if M.J. Youde should so long live.

14. By Indenture of 15 Dec. 1835 in consideration of £700 William Tuppen was granted an annuity of £110 for term of 99 yrs. if M.J. Youde should so long live.

15. William Tuppen d. 8 Sept. 1840 having appointed Elizabeth Mary Woollright his sole executor and who proved the will.

16. Indenture of 19 Jan. 1836 in consideration of £1600 Joseph Toogood was granted an annuity of £251 for term of 99 yrs. if M.J. Youde should so long live. He d. 27 Nov. 1843 and the will was proved by Henry Woollright and Mary Woollright, William Adams having renounced probate

17. By indenture of 23 Jan. 1836 in consideration of £1825 Thomas Dodsworth was granted an annuity of £287.8.9d. for term of 99 yrs. if M.J. Youde should so long live. The annuity was granted in trust as to £126 for Thomas Dodsworth, £126 to Vincent Bywell and the £35.8.9d. residue for John Williams.

18. By indenture of 18 Nov. 1837 in consideration of £312 an annuity of £48 was granted to Francis Dodsworth for term of 99 yrs. if M.J. Youde should so long live, £32 part thereof for Thomas Dodsworth and £16 for John Williams.

19. Thomas Dodsworth d. 1845 and his will proved by Anthony Appleton, power being reserved to Jane Hardy to prove the same. Anthony Appleton d. and the will was then proved by Jane Hardy who has married Simon Fawcett. Vincent Bywell d. 1836 and his will proved by Francis Rider.

John Williams d. 1846 and his will proved by his neice Mary Preece.

Mary Preece d. 1858 and her will proved by Isaac Hulse and George Neeton, Isaac Hulse lately d. and George Neeton the sole legal personal rep. of John Williams and of Mary Preece.

20. By Indenture of 5 June 1838 in consideration of £1300 an annuity of £208 was granted to Henry Thomas Thomson for term of 99 yrs. if M.J. Youde should so long live, £80 for Henry Thomas Thomson and £128 residue for George Thomson. Geo. Thomson d. 1846 and his will proved by Frederick Charles Thomson and Elizabeth Thomson.

21. Indenture of 20 July 1838 in consideration of £250 an annuity of £40 was granted to Joseph Oliver for term of 99 yrs. if M.J. Youde should so long live.

22. By indenture of 21 July 1838 an annuity of £2020 was granted to John Foster for term of 99 yrs. if M.J. Youde should so long live. John Foster and will proved by John Knowles and Richard Foster.

23. By indenture of 3 Sept. 1838 an annuity of £1080 was granted to William Holcombe for term of 99 yrs. if M.J. Youde should so long live.

William Holcombe d. 20 Nov. 1847 and will proved by Ann Holcombe, Thomas Grose, Abraham Turner and Robert Thomas Searles and by Deed Poll of 28 Feb. 1850 Ann Holcombe became entitled to all the residuary personal estate of William Holcombe and by an indenture of 7 March 1850 all the residuary personal estate of William Holcombe was assigned to Ann Holcombe.

24. By indenture of 12 Nov. 1838 an annuity of £500 was granted to Joseph Clement Delano for term of 99 yrs. if M.J. Youde should so long live.

25. By indenture of 18 May 1839 an annuity of £52.10s. was granted to Thomas Tegg for the lives of Thomas Tegg, William Holloway, John Goddard and Lemuel Goddard and the life of the survivor. By indenture of 17 April 1839 an annuity of £157.10s. was granted to Thomas Tegg during the same lives and the life of the survivor.

26. By indenture of 13 Aug. 1839 an annuity of £532 was granted to William Henry Savage for term of 99 yrs. of M.J. Youde should so long live. William Savage d. and his will was proved by Eliza Charlotte Savage, James Turner, Charles Harrison and James Henry Savage but only Charles Harrison still alive.

27. By indenture of 24 Sept. 1839 an annuity of £740 was granted to George Cleeve the elder for term of 99 yrs. if M.J. Youde should so long live. George Cleeve the elder d. and will proved by George Cleeve, John George Lacy and Andrew Bennett Maunder but only George Cleeve still alive.

28. By indenture of 23 Nov. 1839 an annuity of £394 was granted to William Linders for term of 99 yrs. if M.J. Youde should so long live.

29. By indenture of 15 Jan. 1840 an annuity of £144 was granted to Ann Jackson for term of 99 yrs. if M.J. Youde should so long live. Ann Jackson d. and will proved by James Veal who d. intestate and letters of admin. of the will of Ann Jackson granted to Robert Mann who became and is now the sole legal personal rep. of Ann Jackson.

30. By indenture of 14 March 1840 an annuity of £820 was granted to Geo. Smith for term of 99 yrs. if M.J. Youde should so long live. Geo. Smith d. and his will proved by George Horace Smith and Sidney Stephens Smith.

31. By indenture of 31 March 1840 an annuity of £63 was granted to Sarah Evans for the lives of 4 persons. Sarah Evans d. and her will proved by George Evans.

32. By indenture of 31 March 1840 an annuity of £154 was granted to Mary Browne Luddington for the lives of William Holloway, John Goddard, Lemuel Goddard and Ebenezer Waugh Fernie and the live of the survivor. Mary Brown Luddington d. and will proved by Robert Scott.

33. By indenture of 21 March 1840 an annuity of £157.10s. was granted to John Ritchie for the lives of William Holloway, John Goddard, Lemuel Goddard and Ebenezer Waugh Fernie and the life of the survivor. By indenture of 21 July 1841 the annuity of £105 (part of the annuity of £157. was assigned to William Ritchie John Ritchie d. 1840 and in 1855 admin. was granted to his dau. Charlotte Augusta Rotchie. The annuity of £157.10s. was expressed to be granted to John Ritchie with £52.10s. residue in trust for Elizabeth Morrice but the purchase money for the £52.10s. annuity was advanced by Elizabeth Morrice out of monies belonging to her and James Duguid Morrice now d. and the annuity of £52.10s. is now vested solely in James Morrice.

34. by indentures of 12 and 16 May 1840 annuities of £800 and £800 were granted to James Gibbs for term of 99 yrs. if M.J. Youde should so long live. In March 1843 a fiat in bankruptcy was issued v. James Gibbs and Edward Watkin Edwards was appointed official assignee and George Samuel Ford has been appointed the creditors' assignee under the said bankruptcy.

35. By indenture of 25 Aug. 1840 an annuity of £42 was granted to Thomas Huggins for term of 99 yrs. if M.J. Youde should so long live but of the £400 consideration £100 was advanced by Joseph Oliver who is entitled to ¼ of the annuity.

36. M.J. Youde joined in the several indentures as surety for her father Edward Youde and by each of the indentures she conveyed and assigned all the real of personal estate to which she was entitled as tenant in tail in remainder under the will of Giles Greenaway deced. contingent on the d. of Charles Greenaway without issue to a trustee upon trust to pay the annuities and all arrears and covenanted to execute disentailing and other deeds to secure the annuities. By the same indentures certain properties to which Edward Youde was alleged to be entitled were also conveyed and assigned upon trust to secure the annuities Edward Youde and M.J. Youde also executed warrants of attorney as collateral securities under which divers judgements have been entered v. M.J. Youde and among them a judgement for £26,000 on 22 Aug. 1838 v. Edward Youde and M.J. Youde. by John Foster.

37. Edward Youde d. 1846 in insolvent circumstances, no payments have been made in respect of some annuities and the others are in arrear from a period prior to the d. of Edward Youde.

38. In 1844 a suit was instituted by Edward Youde v. James Gibbs and others for settling the indentures of 12 and 16 May 1840 and a decree of 30 June 1845 declared them void. Referred to the Master to enquire whether the sums of £5000 and £5000 were satisfied to Edward Youde and whether any payment had been made in respect of the annuities of £800 and £800 but no further proceedings were taken.

39. In May 1857 Geo. Smith commenced an action v. M.J. Youde on the covenants contained in the indenture of 14 March 1840 for recovering the arrears of the annuity but judgement was given before trial by M.J. Youde for the principal sum of £13,940 and costs plus £410 for interest (total of £14,350) upon certain terms, judgdment has been registered and a writ of issued.

40. Charles Greenaway d. in Nov. 1859 without issue and M.J. Youde became entitled as tenant in tail in possession to the estates comprised in the indentures of 10 July 1829, 28 Jan. 1835, 18 Jan. 1845 and 22 Oct. 1847 and to £4857.7.6d. new 3% annuities.

41. M.J. Youde disputed the validity of the indentures of 15 Dec. 1835, 19 Jan. 1836, 23 Jan. 1836, 18 Nov, 1837, 5 June 1838, 20 July 1838, 21 July 1838, 3 Sept. 1838, 12 Nov. 1838, 18 May 1839, 17 April 1839, 13 Aug. 1839, 24 Sept. 1839, 23 Nov. 1839, 15 Jan. 1840, 14 March 1840 31 March 1840, 31 March 1840, 21 April 1840 and 25 Aug. 1840 and of the annuities granted so far as the same affected her real and personal estate.

42. On 25 Jan. 1860 Geo. Smith filed Bill of Complaint for realizing the amount due to him under the indenture of 14 March 1840 and the judgement for £14,350 which bill was 3 times amended and as last amended was v. Sir William Martins and several other persons and on 31 July 1860 Geo. Smith procured a Charging Order when it was ordered that the interest of M.J. Youde in the new 3% Annuities standing in the name of Robert Henry Hurst the younger (part of the funds subject to the trusts of the will of Giles Greenaway) should stand charged with payment of the said sum of £14,350 and interest at 4% from 25 Nov. 1857. Geo. Smith also procured divers garinshee orders v. the several tenants of the estates to which M.J. Youde became entitled on the d. of Charles Greenaway under which he has received £2,213.19.6d.

43. On 6 Nov. 1860 M.J. Youde filed Bill of Complaint (cat. no. Hey/XI/ii/3.) in which a motion was made by M.J. Youde to restrain Geo. Smith from proceeding v. the tenants of M.J. Youde upon the Garnishee Orders and from taking other proceedings - which motion was refused and the costs of the defendants were ordered to be paid by M.J. Youde but the costs of Ge. Smith have not been paid.

44. 15 Nov. 1860 Geo. Smith commenced another action v. M.J. Youde upon the covenants in the indenture of 14 March 1840 for the recovery of £2,255 for arrears of the annuity and on an order of 11 Jan. 1861 Upon a motion by M.J. Youde to restrain Geo. Smith from prosecuting the action it was ordered that upon M.J. Youde consenting to give judgement in the said action an injunction should be awarded to restrain Geo. Smith from issuing execution until the Court should make an order to the contrary and from beginning any other action v. M.J. Youde until the hearing of the said Cause or further Order.

45. Edward Watkin Edwards and George Samuel Ford on 6 Nov. 1861 put in their answer and disclaimer in the suit Smith v. Martins and disclaimed all interest in the annuities in the bill granted to James Gibbs and the sureties for the same and divers other proceedings have been taken in the suits of Smith v. Martins and Youde v. Smith.

46. on 29 March 1860 Geo. Evans filed Bill of Complaint (cat. no. Hey/XI/ii/4.) but no further proceedings have been taken in the said suit.

47. On 30 May 1860 John Knowles and Richard Foster filed their Bill of Complaint (cat. no. Hey/XI/ii/2.) the said bill was amended 3 times and by an order in the said suit made on the 15 Nov. 1860 it was ordered that a receiver be appointed of the rents and profits of the estate to which M.J. Youde became entitled on the d. of Charles Greenaway and in pursuance of such Order John Anderton was appointed receiver by an order of 8 Feb. 1861.

48. 23 Jan. 1861 M.J. Youde filed her Bill of Complaint for the purpose of impeaching the validity of the indenture of 21 July 1838 and of the judgement and the Bill was amended and divers proceedings have been had

49. On 22 April 1861 Henry Woollright and Mary his wife filed their Bill of Complaint (cat. no. Hey/XI/ii/5.) and by an Order in the said suits of Woollright v. Hurst and Knowles v. Hurst on 25 May 1861 it was ordered that John Anderton should act as Receiver of the rents and profits in both the said causes of Woollright v. Hurst and it was ordered that Robert Henry Hurst the younger should transfer the £4857.7.6d. new 3% Annuities standing in the name of Robert Hurst deced. in trust in the cause Woollright v. Hurst and on the consent of the Master of the Rolls being obtained the cause of Knowles v. Hurst and the cross cause of Youde v. Knowles should be transferred to the Court of the Vice Chancellor also the cause Woollright v. Hurst.

50. In 6 July 1861 M.J. Youde filed her Bill of Complaint (cat. no. Hey/XI/ii/8.) and divers proceedings were taken in the last mentioned suit.

51. In Dec. 1861 an arrangement was come to between M.J. Youde and the several persons claiming to have charges on her estate for compromising such claims and an Indenture of 24 Dec. 1861 made between (1) M.J. Youde (2) Sir William Martins (3) Elizabeth Mary Woollright executrix of William Tuppen (4) the said Henry Woollright and Mary his wife the executor and executrix of Joseph Toogood (5) Simon Fawcett and Jane his wife (Jane Fawcett being the surviving executrix of Thomas Dodsworth deced) and Francis Rider (executor of Vincent Bywell) (6) Henry Thomas Thomson, Frederick Charles Thomson and Elizabeth Thomas (executors and executrix of George Thomson) (7) Joseph Oliver (8) John Knowles, Richard Foster and James Foster (executors of John Foster) (9) Ann Holcombe (10) Joseph Clement Delano (11) Thomas Tegg (12) Charles Harrison (executor of William Henry Savage) (13) George Cleeve (executor of George Cleeve) (14) William Lindus (15) James Mack and Mary Agnes his wife (which Mary Agnes Mack is erroneously described as administratrix of Ann Jackson) (16) George Horace Smith and Sidney Stephens Smith (executors of Geo. Smith) (17) George Evans (executor of Sarah Evans) (18) Robert Scott (executor of Mary Browne Luddington) (19) William Ritchie (20) Charlotte Augusta Ritchie (administratrix of John Ritchie) (21) James Morice (22) Thomas Huggins in which it was stated that it had been agreed that the claims of the said persons other than Sir William Martins upon M.J. Youde and her property should be compromised and agreed between the parties that all actions etc. with reference to the real and personal estate to which M.J. Youde became entitled on d. of Charles Greenaway and all the claims of the parties thereto except Sir William Martins upon M.J. Youde or her said real and personal estate under the indentures should be compromised -

1. M.J. Youde on or before 29 Aug. 1862 pay to the several persons in the schedule (ie. Elizabeth Mary Woollright £646.10.4d., Henry Woollright and, Mary Woolright (sic) his wife £1477.15s., Simon Fawcett and Jane his wife and others £1973.14.4d., Henry Thomas Thomson and others £1200.13.3d., Joseph Oliver £230.17s.10d., John Knowles and Richard Foster and James Foster £11997.6.11d., Ann Holcombe £4715.1.6d., Joseph Clement Delano £2020.15.6d., Thomas Tegg £1347.3.7d., Charles Harrison £2290.3.10d., George Cleeve £3115.6s., William Lindus £1683.19.6d., James Mack and Mary Agnes his wife £606.4.9d., George Horace Smith and Sidney Stephens Smith, £12,000, George Evans £404.3.3d., Robert Scott £1010.7.11d., William Ritchie £673.11.10d., James Morice £336.16s., and Thomas Huggins £269.8.8d.) a total of £48,000 together with interest @ 4% from 29 Nov. 1861 and that until such payment be made the indentures listed under no. 41 and all warrants of attorney and other collateral securities shall be valid and the several estates comprised in the indentures of 10 July 1829, 10 Jan. 1835, 18 Jan. 1845 and 22 Oct. 1847 shall stand charged with the payment thereof.

2. The persons named in the schedule shall accept the sums opposite their names with interest (the sum of £12,000 to George Horace Smith and Sidney Stephens Smith to be in addition to the sum of £2213.9.6d. received by George Smith deced. under the garnishee orders) in full satisfaction of the sums due to them and of all claims v. the property of M.J. Youde under the indentures.

3. The £48,000 and interest to be raised by sale or mortgage of the whole or competent part of the estates comprised in the indentures of 10 July 1829, 10 Jan. 1835, 18 Jan. 1845 and 22 Oct. 1847.

4. Sir William Martins shall concur in such sale or mortgage for the purpose of giving priority to the £48,000 over the amount due to him under the indenture of 25 Sept. 1835 but these presents shall not affect the rights of him as a creditor of M.J. Youde or the securities held by him on the estate of M.J. Youde.

5. The persons named in the schedule shall on payment of the principal and interest deliver up to M.J. Youde all indentures, warrants of attorney and other securities except policies which are to remain their property and join with M.J. Youde in all necessary acts for M.J. Youde to enter up satisfaction in all Judgements and vacate the enrolment of deeds by which the annuities were granted and execute such releases of the annuities and reconveyances of the property charged therewith as M.J. Youde shall require and on payment of the amount set against the names of George Horace Smith and Sidney Stephens Smith they will concur in all proceedings for discharging the charging order obtained by Geo. Smith on 31 July 1860 and the several garnishee orders obtained by Geo. Smith and Simon Fawcett shall endeavour to procure a legal personal rep. of John Williams deced. and get him to concur with him and Francis Rider in releasing the annuities of £287.8.9d. and £48 granted by the indentures of 23 Jan. 1836 and 18 Nov. 1837 and will allow such legal personal reps. to receive a proper proportion of the sum in the schedule set against the name of him and his wife Jane.

6. So soon as £51,000 product of such sale is paid into the Court M.J. Youde shall be entitled to require the delivery of such deeds and docs.

7. That M.J. Youde and her solicitors shall have access to the several indentures and other docs. with liberty to take extracts etc.

8. Out of the £4857.7.6d. Bank 3% Consolidated Annuities and any cash standing to the credit of the cause Woollright v. Hurst £2,000 shall be paid to George Horace Smith and Sidney Stephens Smith in part satisfaction of the £12,000 in the schedule and out of the residue the costs of Edward Watkin Edwards and George Samuel Ford (the assignees of James Gibbs) and the costs of Samuel Edward Donne in the said suits to be taxed and the balance due to Robert Henry Hurst the younger for his costs in the said suits shall be paid and upon such payment all further proceedings in the suits shall be stayed against the said Edward Watkin Edwards, George Samuel Ford, Samuel Edward Donne and Robert Henry Hurst the younger.

9. Except as provided for Each of the persons except Sir William Martins shall bear his own costs except that M.J. Youde shall execute a duplicate and a triplicate of the agt. at her own expense.

10. M.J. Youde to execute a disentailing deed of the several estates of which she is tenant in tail in possession and of the £4857.7.6d. Bank 3% annuities and enrol such disentailing deed and present a petition for giving effect to the arrangement.

52. The schedule (see under 1. in the recital of the agt.).

53. By indenture of 24 Dec. 1861 M.J. Youde granted to Charles Fletcher Skirrow the heredits. comprised in the indentures of 10 July 1829, 10 Jan. 1835, 18 Jan. 1845 and 22 Oct. 1847 freed from all estates tail or quasi in tail and also assigned the £4857.7.6. Bank Annuities.

54. Edward Watkin Edwards and George Samuel Ford as assignees of James Gibbs had docs. in their possession re. the affairs of M.J. Youde and Edward Youde and have deposited these docs. with the Clerk of the Records and Writs and M.J. Youde has also deposited divers docs. as also has Robert Henry Hurst.

55. The account of John Anderton the receiver and it has a considerable balance.

56. Your Petitioner prays

1. That the suits and claims of the parties thereto and to the indenture of 24 Dec. 1861 other than Sir William Martins but including the claims of Geo. Neeton as legal personal rep. of John Williams and the claims of Robert Mann as legal personal rep. of Ann Jackson upon M.J. Youde or her real and personal estate may be compromised upon the terms contained in the indenture and that all further proceedings in these suits be stayed.

2. That £51,000 be raised by sale or all, or part of the estates.

3. That George Horace Smith and Sidney Stephens Smith concur in all necessary proceedings for discharging the charging order obtained by Geo. Smith on the £4857.5.6d. Bank 3% Consolidated Annuities and that as soon as the £51,000 be paid into the bank the parties entitled under the Deed of Arrangement of 24 Dec. 1861 deliver to M.J. Youde all indentures, warrants of attorney and other securities (except policies) re. the said estates or affecting Edward Youde deced. and M.J. Youde and concur in necessary acts to enable M.J. Youde to enter up satisfaction of the judgements and vacate the enrolments of the deeds and use their best endeavours to procure any proper parties to execute releases of the annuities and reconveyances of the property charged therewith and that upon the £51,000 being paid George Horace Smith and Sidney Stephens Smith concur in proceedings for discharging the garnishee orders obtained by Geo. Smith and that in the meantime M.J. Youde and her solicitors have access to such docs. and be allowed to take extracts etc.

4. That the costs of the defendants Edward Watkin Edwards, George Samuel Ford and Samuel Henry Donne to taxed and that the £4857.7.6. Bank 3% annuities be sold and the proceeds and any cash to the credit of the cause the said costs and the balance due to Robert Henry Hurst the younger for his costs in the suits plus any costs incurred by him as trustee of the will of Giles Greenaway be paid to their solicitors and also £2,000 be paid to George Horace Smith and Sidney Stephens Smith in part satisfaction of the £12,000 and that the residue be carried over to an account the Parties entitled under the Deed of Arrangmenent dated the 24th December 1861" and that upon payment of the amount due to Edward Watkin Edwards, George Samuel Ford and Samuel Edward Donne and Robert Henry Hurst all further proceedings in these suits may be stayed as against them.

5. That John Anderton may out of the balance due from him pay £1,000 to Messrs. Gregory and Rowcliffes the petitioners solicitors on account of costs and also pay the instalments of succession duty payable by the petitioner on the succession to the real and personal estate devised by Giles Greenaway and also deduct his costs and then pay the remainder into the account mentioned under 4.

6. That the docs. specified in an affidavit filed on 28 Aug. 1861 by Edward Watkin Edwards and George Samuel Ford and in the affidavits of docs. filed on 16 Nov. 1860 and 25 Jan. 1861 by Robert Henry Hurst the younger be delivered to M.J. Youde or Messrs. Gregory and Rowcliffe her solicitors and that all others docs. deposited under orders in these suits be delivered to the persons by whom they have been deposited.

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

ENDORSEMENTS: (c) Other endorsements: Various pencil endorsements mainly in shorthand.