C 11/2010/6

1724 Chancery Bill and Answers PRO ref C11 2010/6

Abstract 25 Jan 1724

Oratrices Mary Broughton of St Andrew Holborn, widow

… and administrator of Edward Broughton deceased, Theodosia Broughton spr & Mary Strudwick (wife of Henry Strudwick gent) by your said oratrix Mary Broughton her mother, Theodosia and Mary Strudwick being sisters and coheirs of said Edward Broughton deceased.

Refers to previous bill of complaint in 1718 by said Edward Broughton, now deceased, against Aquila Wyke esq, Thomas Lloyd esq, Humfrey Foulkes clerk, Thomas Meredith esq, George Carlton, Mary Dackomb, Robert Dackomb, John Dackomb, John Puleston, John G–, John F– and Sarah his wife.

Previous bill set forth that said Edward Broughton was the only son and heir of Edward Broughton esq who was the only son of Sir Edward Broughton of Marchwiel Hall by Alice his first wife. Sir Edward was seised of Marchwiel Hall &c worth £600pa, and on his marriage to Alice (the daughter of Sir Robert Honeywoode) he conveyed the property to Sir Robert and Thomas Tyrrell for the use of himself and his heirs by Alice.

The exact terms of the deed could not be stated because the deed has been concealed by the defendants.

Sir Edward and Alice died many years since and the said Edward’s father became entitled to the estate.

He was in Jamaica, and said Edward was an infant at the time of Sir Edward’s death.

Defendants took advantage to conceal the settlement and Wyke gained possession. Said Edward’s father died 4 years since and said Edward is now entitled to estate.

Defendants to previous bill claimed that after the death of Alice, Sir Edward married Mary Wyke and by Indenture of lease and release (in which they pretend Tyrrell and Honeywoode joined), Sir Edward conveyed the property to William Knightley and John Mills in trust for the said Mary.

Mills died, and Knightley by deed dated 2 Jan 1668 conveyed the premises to the said Mary and her heirs.

By her will of 1680 Mary devised the same to Edward Broughton, her son by Sir Edward;

and in default of such issue to Aquila Wyke the defendant’s uncle and his heirs; and in default of such issue to Edward Wyke, the defendant’s father and his heirs.

Edward and Aquila Wyke being dead, the defendant had gained the title at – sessions of the Co.of Denbigh

The previous bill set forth that Sir Edward was a Colonel in Charles I army and rendered himself obnoxious to Cromwell and was imprisoned at the Gatehouse prison of Westminster in the custody of said Mary Wyke.

Any conveyance to Knightley and Mills was to protect the estate from the usurping powers and for no other purpose.

Being sensible of this, Knightley and Mills executed a deed to Honeywoode and Tyrrell that they should reconvey the premises to the issue of the first wife, and that the settlement to the 2nd wife was void.

Complainant’s father was then 3 or 4 yrs old. Knowing all this, Mary endeavoured to send the complainant’s father to Virginia that he might never return.

His friends perceived her intention and sent him to Jamaica where he remained till 10 yrs ago having obtained a great estate.

On his return, he found the son of the second marriage in possession, and being infirm and unsure of his rights he declined to suit for the premises and died soon after, leaving the complainant an infant.

The previous bill also set forth that the deeds were carelessly kept by the second wife. One parchment was cut by a tailor for measures.

The conveyance from Knightley and Mills was found in July 1718 by Richard Cooke near place Giverne in Wrexham in Mr Morgan’s house who had been an attorney for the second wife.

It was read by Thomas Bulkley and Edward Edwards and brought to defendant Wyke who gave Cooke a shilling and charged to keep it secret. It was then shown to def Puleston who read it to Wyke at Marchwiel Hall;

it declared the second settlement void and made to cover the estate from the usurping powers and not for the real benefit of the second marriage. Wyke gave it to Mary Dackomb or other defendants or they were destroyed.

And the previous bill also set forth that Broughton, the son of the second marriage, died 11 Jun 1718 and on that day Wyke (who had lived some time with him) sent Robert Worrel for defendant Lloyd to come to Marchwiel to search for a will.

They were met by def. Foulkes and finding no will, the writings were put in a locked room and the key kept by Foulkes as an indifferent person.

Defendants Wyke and Robert Dackomb entered by a window or some unfair means and put the writings on a fire in the kitchen.

Defendant Carlton conveyed a box of writings to London or some other place and secreted them.

The complainant was in possession of some part of the premises until Wyke ejected him knowing the he could not defend himself without the writings.

The tenants refused to pay their rents so the premises were in danger of being lost unless some care was taken by this court.

Defendants answered the complaint 10 Jun 5th year of his now maj reign [5 George I = 1719] Judgement given.

The said complainant died an infant.