Re-Amended Bill of Complaint.

PARTIES: 1a. John Knowles

b. Richard Foster and

c. James Foster. Plaintiffs.

2a. Robert Henry Hurst and

b. Mary Jane Youde

c. George Cleeve

d. Joseph Clement Delano (when within the jurisdiction)

e. George Evans

f. Edward Watkins Edwards

g. and George Samuel Ford

h. Ann Holcombe

i. Thomas Cross

j. Abraham Turner

k. Robert Thomas Searles

l. Thomas Huggins

m. Margaret Mann

n. William Lindus

o. Robert Scott

p. Charlotte Augusta Ritchie (when within the jurisdiction

q. William Ritchie (when within the jurisdiction)

r. Charles Harrison

s. George Horace Smith

t. Sidney Stephens Smith

u. Thomas Tegg

v. John Goddard

SUBJECT OF TRANSACTION: In Chancery.

The original bill filed - 30th May 1860.

Amended 13 Dec. 1860 by order of 10 Dec. 1860.

Re-amended 20 Dec. 1960 by order of 18 Dec. 1860.

Re-amended 20 April 1861 by order of 15 April 1861.

Clauses 2. - 8 are virtually the same as clauses 4. - 10. of cat. no. Hey/XI/ii/1.

1. Giles Greenaway formerly of Gloucester at the time of making his will and at time of his decease was entitled in fee simple to estates of considerable value and at the time of his death he had considerable personal estate.

9. In pursuance of the trusts of the will his real and personal estates were converted into money and the produce (with an exceotion) reinvested in land as directed.

10. Monies arising from the sale of real estates of the testator were invested in lands in which Mary Jane Youde has no interest.

11. The personal estate of the testator (with the exception) were used to purchase Upton Priory Estate, Oxfordshire and Boddington and Lower Boddington Estates, Northants and these are now vested in Mary Jane Youde as tenant in tail in possession subject to incumbrances.

Residue of personal estate of testator of £4,857.7.6d. Bank now 3% Annuities in the name of Robert Hurst deced. and of £71.6.10d. cash in the hands of Robert Henry Hurst the defendant and the defendant M.J. Youde is entitled to such annuities and cash subject to incumbrances

12. widow of Giles Greenaway dead.

13. Charles Greenaway with the sanction of the trustees of will of Giles Greenaway entered into possession of the rents of the real estates subject to the trusts of the will and received the interest of the trust funds which were invested in real estates as tenant for life under the will.

14. Mary Youde died June 1817 leaving M.J. Youde her only child. M.J. Youde attained 21 yrs. in Sept. 1833.

15. From 1830 to 1843 James Gibbs deced. was solicitor, advisor and friend to Edward Youde, father of M.J. Youde and of the defendant and after she came of age James Gibbs acted for her in the sale of some property to which she was entitled. In 1832 and afterwards Edward Youde applied to James Gibbs to get money for him and after M.J. Youde had come of age she assisted her father in raising money and she assisted her father in this not only on charging the sums upon property to which she was entitled under the will of Giles Greenaway but upon other property to which she was untruly represented by James Gibbs to be entitled under the marriage settlement of Charles Greenaway.

16. Towards end of summer 1835 James Gibbs was introduced by the defendant John Goddard to William Foster (now deced.) and James Gibbs as solicitor and agent for Edward Youde and M.J. Youde proposed to William Foster through John Goddard to advance money in consideration of an annuity which would be secured by Edward Youde and his dau. who was of age and would become entitled to considerable property on the d. of her uncle without issue.

17. Resulted in grant and release of 17 Sept. 1835 between (1) Edward Youde (2) M.J. Youde (3) John Goddard (4) James Gibbs) in which in consideration of £6,100 1. and 2. as his surety granted to John Goddard an annuity of £960 for term of 99 yrs. if M.J. Youde should so long live and Edward Youde granted to 4. estates mentioned in the indenture upon the trusts mentioned and 2. granted to 4. all manors etc. to which she was entitled either for life or in tail or for any other estate or interest in possession remainder reversion expectancy or otherwise under the marriage settlement of Charles Greenaway and all the bank annuities etc. given by Giles Greenaway to the trustees of his will upon the trusts thereof and all messuages etc. which had been purchased by such bank annuities and to which M.J. Youde should become entitled for life or in tail or for any other estate or interest under the will - to hold to 4. for term of 99 yrs. if 2. should so long live and to hold the bank annuities etc. and 2. covenanted that she would enter into all necessary deeds for destroying her estate tail in the premises. Proviso for 4. to enter upon the premises if the annuity in arrears. Provision for the repurchase of the annuity. 3. declared that the consideration was the money of William Foster and he would possess the annuity in trust.

18. For the further securing of the annuity of £960 Edward Youde and M.J. Youde executed a warrant of attorney for £12,200.

19. Proper memorial of the said securities enrolled as then required by statute.

20. The sum of £6,100 was paid by William Foster to James Gibbs and was paid over by James Gibbs to Edward Youde and a receipt endorsed on the indenture and signed by Edward Youde.

21. Shortly afterwards James Gibbs as solicitor and agent for Edward Youde and M.J. Youde proposed through John Goddard to William Foster for another advance to Edward Youde in like manner as the 1st. This resulted in indenture of 3 Oct. 1835 between (1) Edward Youde (2) M.J. Youde (3) John Goddard (4) James Gibbs and the consideration was £2400 and 1. granted an annuity of £400 to 4. 3. for term of 99 yrs. if 2. should so long live upon similar terms to the indenture of 17 Sept. 1835. John Goddard declared that the consideration money was the money of William Foster and that he would hold the annuity in trust for him.

22. For the further securing the annuity of £400 Edward Youde and M.J. Youde executed a warrant of attorney for £5,000.

23. A proper memorial of the last stated securities was enrolled as then required by statute.

24. The £2,400 was paid by William Foster to James Gibbs and paid by James Gibbs to Edward Youde and a receipt for the sum endorsed on the said indenture and signed by Edward Youde.

25. Towards end of summer 1837 James Gibbs as solicitor of Edward Youde and M.J. Youde proposed through John Goddard to William Foster for another advance in consideration of another annuity. This resulted in indenture of 30 Sept. 1837 made between (1) Edward Youde (2) M.J. Youde (3) John Goddard (40) James Gibbs and consideration £1650 and annuity granted £258 for term of 99 yrs. if 2. should so long live. and similar security to previous indentures and John Goddard stated that the consideration was the proper money of William Foster and that John Goddard would stand possessed of the annuity in trust for him.

26. Warrant of attorney of even date for £3,300 executed as a further security.

27. proper memorial of the last stated security duly enrolled as then required by statute.

28. Sum of £1,540 was paid by William Foster to James Gibbs and by him paid over to Edward Youde and a receipt for the sum endorsed on the indenture was signed by Edward Youde.

29. 16 Oct. 1837 William Foster d. and in his will had appointed Thomas Foster James Foster John Foster and George Holgate Foster his executors and the will was proved by John Foster and George Holgate Foster. Thomas Foster, John Foster and George Holgate Foster are d. and James Foster had lately proved the will of William Foster and is now his sole legal personal rep.

30. After d. of William Foster his executors desired to have the securities transferred into their own names and James Gibbs induced them to enter into an arrangement for the consolidation of the securities and through John Goddard proposed that a further advance bemade to Edward Youde to make up the amounts payable for the redemption of the then existing annuities and in respect of arrears to £13,000 and this was agreed and agreed that the securities for the annuities previously granted be cancelled - found that a sum of £1.158.19.7d. would make it up to £13,000.

31. Indenture of 21 July 1838 between (1) Edward Youde (2) M.J. Youde (3) John Goddard (4) John Foster and George Holgate Foster executors of William Foster (5) the said John Foster and (6) James Gibbs. Consideration of £11,841.0.5d. and of £1,158.19.7d. 1. and 2. as his surety granted to 5. for term of 99 yrs. if 2. should so long live an annuity of £2,020. Charged on heredits. similar to previous indentures. and which were assigned to James Gibbs for term of 1,000 yrs. And in the same indenture 1. assigned to 6. the arrears of a certain annuity of £200 said to have been bequeathed to Edward Youde during the joint lives of himself and Sarah Youde by Thomas Watkin Youde then deced. to hold to 6. for the better securing of the said annuity. In the indenture stated that a judgement of £26,000 was intended to be entered upon a warrant of attorney and that the judgement be taken up as a collateral security for the annuity of £2,020. Provision for repurchase of the annuity onpayment of £13,505.

32. Memorial of the indenture enrolled and on 22 Aug. 1838 John Foster recovered judgement v. Edward Youde and M.J. Youde for sum of £26,000 which judgement was duly docketted.

33. Sum of £1,158.19.7d. was paid to James Gibbs and was paid over by him to Edward Youde and a receipt endorsed on the indenture and signed by Edward Youde and the indentures of 17 Sept. 1835, 3 Oct. 1835 and 30 Sept. 1837 cancelled and satisfaction of the judgements so obtained by John Goddard were entered up on the judgement roll.

34. Annuity of £2,020 was paid for some time, last payment was on 12 July 1841 in respect of ½ yrly payment due on 21 July 1840.

35. in 1843 written notice of indenture of 21 July 1838 given to Charles Greenaway the then sole executor of Giles Greenaway and also to Robert Henry Hurst the then trustee of the will of Giles Greenaway by George Holgate Foster for John Foster.

36. This notice was accompanied by a letter from George Holgate Foster

37. Robert Henry Hurst acknowledged receipt of notice and letter by a letter from him to G.H. Foster of 27 April 1843.

38. 30 Jan. 1844 Edward Youde and M.J. Youde obtained from Court of Queen's Bench a rule requiring John Foster to show cause why all proceedings on a judgement entered up by him should not be stayed and why the indenture of 21 July 1838 should not be delivered up to be cancelledon the grounds that the names of the parties by whom the annuity was to be beneficially received were not set forth in the memorial of the said annuity and that part of the consideration for the purchase of the annuity was returned to the person advancing it and that part of the consideration was retained on pretence of answering future payments of the 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.

39. 8 June 1844 the judgement was registered v. Edward Youde and v. M.J. Youde and the judgement has from time to time been registered v. then both.

40. 22 Sept. 1859 John Foster d. and in his will appointed the plaintiffs executors and on 25 Oct. 1859 the will was proved by the plaintiffs John Knowles and Richard Foster power being reserved to plaintiff James Foster to prove the same but he has not yet proved the will. The plaintiffs are the sole legal personal reps. of John Foster and there is a considerable sum due to them for arrears of the annuity.

41. Edward Youde d. July 1846 and in his will appointed M.J. Youde and Thomas Stephens his executor and executrix. Thomas Stephens alone proved the will and is dead and there is now no legal personal rep. of said Edward Youde.

42. James Gibbs d. intestate and no legal personal rep. of James Gibbs.

43. 25 Nov. 1859 Charles Greenaway d. without issue and M.J. Youde became entitled in possession (subject to incumbrances) to the property so demised and assigned and charged by her as a security for the annuities except the property held upon the trusts of the marriage settlement of Charles Greenaway in which it appears that M.J. Youde did not have an interest.

44. The judgement obtained by John Foster v. Edward Youde and M.J. Youde was revived by the Plaintiffs on the 14 Feb. 1861 v. M.J. Youde

45. The plaintiffs charge that they are entitled to have Upton Priory, Boddington and Lower Boddington estates and the Bank Annuities and cash applied in payment of the arrears of the annuity of £2,020 and also to have the properties secured for payment of the annuity for the residue of the term for which it was granted.

46. M.J. Youde pretends that she was induced to execute the securities by fraud and undue influence and in particular the undue influence of her father Edward Youde and by the fraud of James Gibbs who the defendant alleges was the solicitor and agent of William Foster and John Foster and the defendant pretends that the indentures executed by her are invalid but the plaintiffs charge the contrary and state that at the time of the indenture of July 1838 M.J. Youde was 26 yrs. old and that she knew that the object of the securities was for her father to borrow money and knew that he could not do so without her assistance and that by executing such securities she became her father's surety and the plaintiffs state that no fraud or undue influence was practised on M.J. Youde but if it was the grantees of the annuities has no suspicion of this and that if James Gibbs did induce the defendant to execute such indentures he did so as the solicitor and friend of herself and her late father and not as the solicitor or agent of the grantees.

47. M.J. Youde also pretends that the indenture of 21 July 1838 and the other indentures executed by her are void because no adequate consideration existed for the same but the plaintiffs charge the contrary.

48. Defendant M.J. Youde also pretends that the indentures are void by reason of the retainer by James Gibbs of part of the consideration money and by reason of some defect in the memorials of the said indenture and the non-disclosure of the memorials and in the indentures of the persons beneficially interested in the annuities and although M.J. Youde admits that an attempt was made to have the indenture of July 1838 set aside on these and other grounds but the defendant pretends that the attempt was made without her knowledge and she is not bound by the result of such attempt but the plaintiffs charge the contrary and that no part of the consideration monies was retained by or returned to the grantees of the said annuities or by James Gibbs as their agent and that if any money was returned to James Gibbs it was returned to him by Edward Youde for his own convenience and the plaintiffs charge that William Foster and John Foster were respectively entitled to the annuities and that the rule so obtained by Edward Youde and M.J. Youde was obtained with the consent of M.J. Youde and that the defendant herself made an affidavit which was sworn by her on 19 Jan. 1844 and filed and usedin support of the said rule and the Plaintiffs charge that M.J. Youde is bound by the judgement and is stopped by the said judgement from disputing the validity of the indenture of July 1838. upon any of the grounds upon which the same was sought to be set aside by herself and her father.

49. M.J. Youde pretends that during her father's lifetime she had no opportunities of obtaining independent advice and that she would have taken steps to impeach the deed of July 1838 if she had the means the Plaintiffs charge the contrary and state that during her father's life she frequently visited James Gibbs and her own friends and relations from whom she could have obtained advice and the plaintiffs charge that these friends and relations of M.J. Youde knew that she was in the habit of assisting her father to obtain money and knew her position and that since her father's death she had been living with friends and relations and could have obtained from them the means to impeach the deed and the plaintiffs charge that she did not do so within a short time after its execution or her father's death because she knew she could not do it successfully while James Gibbs was alive.

50. The execution by Edward Youde and M.J. Youde of the indenture of 21 July 1838 and the cancellation of the indenture of 17 Sept. 1835 3 Oct. 1835 and 30 Sept. 1837 and the entries up of satisfaction of the judgements obtained on the execution of these indentures are parts of one transaction and the plaintiffs charge that if the indenture of 21 July 1838 is not binding then the cancelled indentures and judgements ought to be treated as still valid and in this case the plaintiffs to be entitled to arrears in respect of the annuities and the judgement so revived by them v. M.J. Youde stand as a security for the said arrears.

51. the whole of the monies advanced to Edward Youde were advanced at the request of himself and M.J. Youde made through their solicitor and agent James Gibbs and none of them would have been advanced if she had not been willing to join and she knew this and the plaintiffs charge that the defendant is precluded by her own conduct from denying that James Gibbs was authorised by her to raise money for her father on her security and from impeaching the validity of the securities so granted by her and if the securities are void then the monies advanced to her father together with the interest thereon ought to be repaid by M.J. Youde and treated as a charge upon the property expressed by her to be charged with the annuities and that the judgement so revived v. M.J. Youde stand as a securities for such monies and interest.

52. M.J. Youde has created other incumbrances on the Upton Priory Boddington and Lower Boddington estates and upon the Bank Annuities in addit to the incumbrances created by her in favour of John Foster and has incumbered the estates with divers annuities and monies payable to George Cleeve, Joseph Clement Delano, Thomas Dodsworth, Sarah Evans, James Gibbs, William Holcombe, Thomas Huggins, Anne Jackson, William Lindus, Mary Browne Luddington, Sir William Martins, Joseph Oliver, John Ritchie, William Henry Savage, George Smith, Thomas Tegg, Henry Thomas Thompson, William Tuppen and Joseph Toogood.

53. The incumbrances in favour of Thomas Dodsworth, Sir William Martins, Joseph Oliver, Henry Thomas Thomson, William Tuppen and Thomas Toogood were created by deeds and judgements executed before the 21 July 1838 and the Plaintiffs charge that the persons interested in the said incumbrances are not necessary parties to this suit.

54. The incumbrances in favour of the other persons were created by deeds and judgements executed after 21 July 1838 and the Plaintiffs claim priority.

55. George Cleeve is d. and the defendant George Cleeve is his sole legal rep. Joseph Clement Delano is in America. Sarah Evans is d. and the defendant George Evans is her sole legal personal rep. James Gibbs is dead and has no legal personal rep. but the said James Gibbs was in his lifetime adjudged bankrupt and the defendants Edward Watkin Edwards and George Samuel Ford are his assignees and as such are entitled to the incumbrances created in favour of James Gibbs. William Holcombe is d. and the defendants Ann Holcombe Thomas Cross Abraham Turner and Robert Thomas Searles are his legal personal reps. Thomas Huggins is living and is a defendant Anne Jackson is d. and the incumbrance created in her favour is vested in the defendant Margaret Mann and the executors of Anne Jackson claim no interest in the incumbrance or in this suit. William Lindus is living and is a defendant. Mary Browne Luddington is dead and the defendant Robert Scott is her legal personal rep. John Ritchie is d. and the defendant Charlotte Augusta Ritchie is his sole legal personal rep. Incumbrance created in favour of John Ritchie consisted of an annuity part of which was vested in him beneficially and the residue was vested in him in trust for Elizabeth Morice who is d. and has no legal personal rep. So much of the said annuity as was vested in John Ritchie beneficially was assigned by him and is now vested in the defendant William Ritchie. Both Clarlotte Augusta Ritchie and William Ritchie are in parts beyond the seas. Said William Henry Savage is d. and the defendant Charles Harrison is his sole legal personal rep. George Smith d. and defendants George Horace Smith and Sidney Stephens Smith are his executors. Suit has been revived against them. Thomas Tegg is living and is a defendant.

56. The charges and incumbrances created by M.J. Youde subsequent to 21 July 1838 are all existing and all the defendants named in the proceeding paragraph claim in respect of such incumbrances an interest in the estates and bank annuities and in this suit.

57. The Plaintiffs have sent all the last mentioned defendants (except those out of jurisdiction) a letter asking them if they wish to become a party to the suit or disclaim. No person has disclaimed and the plaintiffs charge that all the defendants are necessary parties to this suit.

58. The Defendants George Horace Smith and Sidney Stephens Smith as executors of George Smith claim to be incumbrance on the Upton Priory, Boddington and Lower Boddington estates and upon the annuities and cash by an indenture executed by M.J. Youde in 1840 and by virtue of a judgement recovered v. her in 1857 and the said George Smith issued an elegit on the said judgement. George Smith is a subsequent incumbrancer to the plaintiffs but claimed and his executors claim priority over them. 31 July 1860 George Smith obtained an order whereby the interest of the defendant M.J. Youde in the £4,857.7.6. New 3% Annuities was charged with the payment of £14,350 plus interest and George Smith also obtained another order attaching divers sums of money payable to the defendant M.J. Youde by the tenants of the Upton Priory Boddington and Lower Boddington estates and the plaintiffs charge that such orders were obtained by George Smith without notice to the plaintiffs.

PRAYER - the Plaintiffs pray -

1. That account be taken of what is due to the Plaintiffs as executors of John Foster for arrears of the annuity of £2,020 and in respect of the judgement so revived v. M.J. Youde.

2. That the Upton Priory, Boddington and Lower Boddington estates be sold and the monies used together with the Bank 3% Annuities and cash (subject to the rights of prior incumbrancers) in payment of what is due to the Plaintiffs as such executors in respect of arrears of the annuity and in respect of the said judgement and may subject to such payment be secured for the purposes of meeting future payments.

3. That enquiries be direction to acertain the incumbrances upon the real estates Bank Annuities and cash and their priorities.

4. That the defendant M.J. Youde execute all such disentailing and other deeds necessary for giving effect to the indenture of 21 July 1838 or otherwise for the purposes of this suit.

5. That if necessary new trustees being appointed of the indenture of 21 July 1838.

6. That if the Court decide that the indenture of 21 July 1838 is void account be taken of the arrears granted by the cancelled Indentures or (if the Court shall think fit) of the monies advanced to Edward Youde in consideration of the annuities granted to John Goddard and John Foster and of the amount of interest on such monies and that the judgement revived by the plaintiffs v. M.J. Youde stand as a security for the said arrears or monies and (subject to deductions in respect of payments made by Edward Youde of the annuities) be raised out of a sale of the Upton Priory Boddington and Lower Boddington estates and the Bank annuities.

7. That if necessary account be taken of the rents and profits of the real estates and of the dividends of the Bank Annuities received since d. of Charles Greenaway.

8. Person be appointed to receive the rents and profits of the real estates and the dividends of the Bank Annuities.

9. That if necessary persons found to be incumbrancers and who are not parties to this suit may on being served with the decree to be made in this suit be bound thereby.

10. That the Plaintiffs may have further relief as the nature of the case may require.

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