Amended Bill of Complaint.

PARTIES: 1. Mary Jane Youde. Plaintiff.

2a. John Knowles

b. Richard Foster

c. James Foster

d. Robert Henry Hurst and

e. John Goddard. Defendants.

SUBJECT OF TRANSACTION: In Chancery

Filed 23rd February 1861.

Amended 6th September, 1861 by order dated 2nd September, 1861.

Nos. 1 - 5. appear to be the same as nos 1. - 5. in cat. no. Hey/XI/ii/6.

6. relates to an indenture of 21 July 1838 and recitals purporting to deduce a title in Edward Youde in an estate at Plas Madoc subject to the life interest of his mother and reciting the will of Thomas Watkin Youde, elder bro. of Edward Youde, dated 4 March 1820 when he devised all his messuages etc. to trustees upon trust after making certain payments to pay the residue to his mother Sarah Youde for her life and then during the life of Edward Youde so long as he did not make any sale, mortgage or other disposition or other charge upon the yearly income provided for his benefit to pay the yearly rents etc. during the life of Edward Youde for his maintenance and support but not to be liable for his debts and then all the estates after the d. of the survivor of Sarah Youde and Edward Youde to other uses mentioned in the said will and in a codicil of 8 March 1820 charged his real estate with the payment in trust for his bro. Edward Youde of an annual sum of £200. Then went on to recite the will of Giles Greenaway and then virtually the same as no.6. in cat. no. Hey/XI/ii/6.

Nos. 7 - 14. virtually the same as nos. 7 - 14. in cat. no. Hey/XI/ii/6. but no. 8 in this doc. states that William Foster d. 16 Oct. 1837 and his will was proved by his executors John Foster and George Holgate Foster, although James Foster and Thomas Foster were also appointed executors in the will. and that John Foster, George Holgate Foster and Thomas Foster are d. and James Foster is the sole legal personal rep. of William Foster and also in no. 13. that James Gibbs d. 27 Oct. 1847.

15a Recites cat. no. Hey/XI/ii/2. and states that the bill was amended in Dec. 1860 by making several other persons who claimed to be incumbrances on the property to which M.J. Youde became entitled Defendants and in April 1861 the bill was reamended (cat. no. Hey/XI/ii/4.)

16. the same as no. 16. in cat. no. Hey/XI/ii/9.

17. - 18. similar to nos. 17 - 18 in cat. no. Hey/XI/ii/6.

19. Similar to no. 19. in cat. no. Hey/XI/ii/6. but going on to say that the plaintiff has lately discovered from the answer of James Gibbs in a suit of Youde v. Wyndham instituted by Edward Youde in 1844 and from docs. re. the bankruptcy of James Gibbs that she was induced to execute under the circumstances stated between 31 Jan. 1834 and 25 Aug. 1841 indentures granting 65 annuities, consideration amounting to £19,999.3.9d. Of these annuities 42 are alleged to have been set aside by the grant of other annuities, 2 were set aside by the Court of Chancery in suits instituted by Edward Youde in 1844, the remaining 21 are for annuities amounting to £8,588.18.9d. which are in arrear. During the period Edward Youde had no property whatsoever.

20. - 24. similar to nos. 20 - 24. in cat. no. Hey/XI/ii/6 but in no. 21. the name of the clerk has been changed to James Gibbs the younger.

25. Defendants John Knowles and Richard Foster allege that James Gibbs accounted with Edward Youde for the sums of £6100, £2,400, £1,650 and £1,158.19.7d. the considerations for the annuities of £960, £400, £258 and £2020 by carrying the same to the credit of Edward Youde in the account but after charging Edward Youde with large costs and commission James Gibbs was indebted to Edward Youde in Sept. 1835 in £10,987.17s. including the £6100, in Oct. 1835 in £17,196.12.6d. including the £2,400 at Sept. 1837 in £2199.2s. including the sum of £1650 and at July 1838 in £9,869.13.8d. including the £1158.19.7d. Sums charged for costs amount to £11,289.13.9d. for period April 1833 to 1843 and at the time of his bankruptcy was (after giving credit for this) indebted to Edward Youde in £10,034.18.10d. no part of which has been paid. Even if the total consideration of £13,000 had been paid this was an inadequate consideration for an annuity of £2020.

26. John Goddard on 25 July 1838 gave a guarantee to John Foster than in consideration of J.G. receiving from J.F. the benefit derived from ¼ of an investment of £13,000 on annuity to Edward Youde and M.J. Youde on 21 July 1838 after deducing 5% interest he agrees to become security to J.F. for £3250 in case of any loss by reason of theinvestment. Similar guarantees were given with ref. to the annuities of £960, £400 and £258.

27. Monies paid by Edward Youde on account of the annuities of £960, £400 and £2020 were received by James Gibbs who deducted 2½% commission and paid the balance to John Goddard who deducted commission of 25% after allowing 5% interest on the principal monies paid for the purchase of the annuities and then paid the residue to the persons beneficially entitled.

28. Throughout the whole of the transactions re. the annuities of £960, £400 and £258 James Gibbs was acting as the solicitor and agent of John Goddard and William Foster and throughout the transactions for the annuity of £2020 as solicitor and agent of John Goddard, John Foster and George Holgate Foster. Total amount received by James Gibbs as commission on the annuities granted to William Foster or his estate from May 1833 - Aug. 1842 was £688.19.7d of which £221.5.10d. was in respect of the annuities of £960, £400, £258 and £2020. John Goddard in addition to his commission of 25% on the amount paid for the annuities after allowing 5% interest on the purchase money received from James Gibbs as a douceur for the advance of the £1650 the sum of £340 and this was charged by James Gibbs against Edward Youde in the current account.

29. Rental of Plas Madoc estate was represented by James Gibbs to exceed £7,000 p.a. but Edward Youde did not have any title in the estate and the estates devised to Edward Youde for life under the will of Thomas Watkin Youde were of little value even if Edward Youde had the power to charge the same under the trusts of the will.

30. James Gibbs and Edward Youde knew at the date of the indenture of 21 July 1838 and the 3 indentures recited therein that doubts had risen re. the title of Edward Youde to the Plas Madoc estate, the plaintiff was not informed re. this.

31. John Goddard, William Foster, John Foster and George Holgate Foster had notice via James Gibbs at the indenture of 21 July 1838 and the 3 indentures recited therein of the amount due from James Gibbs to Edward Youde and of the retainer by James Gibbs if such sums were ever paid by John Goddard and John Foster to James Gibbs and that fact that there were doubts as to Edward Youde's title to the Plas Madoc estate but the plaintiff was not told.

32. - 41. similar to nos. 32 - 4 1. in cat. no. Hey/XI/ii/9.

PRAYER The Plaintiff prays -

1. - 5. as 1. - 5. in cat. no. Hey/XI/ii/9.

PLACES: GREAT and LITTLE BARRINGTON (Glos), UPTON (Parish of Burford and Upton and Signet), BODDINGTON and LOWER BODDINGTON (Northants).