C 11/515/42

Day of January 1734 in the Publick office before S. Bxxxxx

The answer of William Winde Esq one of the Defendants to the Bill of Complaint of Henry Strudwick Edward Strudwick and William Strudwick Infants by Edmund Strudwick Esq their Next Friend Complainants

This Defendant having and reserving to himself now and at all times here and hereafter all and all manner of advantage and benefit of exeption that may be had or taken to the manifold errors incertainties and insufficiencies in this Complainants said Bills of Suit thereto or to so much thereof as this Defendant is divised as material for him to make answer unto, he this Defendant answereth and saith, that he hath been credibly informed, and believes it to be true, that Edward Broughton the said Complainants Grandfather in his lifetime and at the time of his death was seized in Ffee Simple of a reall estate all which as this Defendant believes was situate lying and being beyond the sea in the island Jamaica and was and is at present of or about the yearly value of Seventy pounds xxx

This Defendant doth not know if the said Edward Broughton was in his life time or at the time of his decease seized of any other reall estate whatsoever saveing as aforesaid, and this Defendant also believes it to be true that the said Edward Broughton the GrandFather was at his death possessed of and interested in a considerable personal estate, but what was the value thereof, or of what particulars the same consisted, this Defendant does not know nor can he set forth

But this Defendant doth believe it to be true, that the said Edward Broughton, the Grandfather, being of a sound and disposing mind and memory, did on or about the sixteenth day of March, which was in the year of our Lord 1712, make publish and declare and duely execute his last will and testament in writing, and that thereby amongst other things did bequeath his wife, the Complainants Grandmother, the summ of two hundred pounds, together with all her wearing apparrell and all such rings, watches, bracelets and jewells as she then had, and two hundred pounds a year by half yearly payments during her lifetime, and the said testator also therein willed and devised that so long as the said Complainants said Grandmother should continue a widow, she should have the use of his place, household goods and dwelling house in Hatton Garden in which the said Testator, as this Defendant believes, had but a xxx xxx xxx of her dower

And unto Theodesia Broughton, the Complainants Aunt, the sums of three thousand pounds when she should attain her age of twenty one years and in the mean time to be managed for her benefit as is therein mentioned

And unto the Complainants said Mother, Mary Strudwick, was also devised three thousand pounds when she should attain her age of twenty one years, to be managed in the like manner by the said Complainants GrandMother Mary Broughton, for her the said Complainants Mother’s benefit as is therein particularly mentioned

And after several other legacies to other persons, he appointed all his children that should be living at his death executors of his said will, and the said Mary Broughton his widow during her widowhood to be administratrix and to have the administration of his goods and chattells for the benefit of his three children, meaning Edward his son, then an infant, the said Theodesia Broughton, and Mary the Complainants said Mother (and who as this Defendant believes were his, the said testators, only children then living) according to the directions of his said will, till they or some of them should attain their respective age of twenty and one and to their severall and respective interest therein

And that the said testator did, by his said will, further declare his mind to be that if any of his said children dyed under age, that then the part share or portion of him or her so dying under age, as well reall as personall, should go to the survivor or survivors of his the said testators said children and their heirs and assigns, share and share alike, and appointed the guardianship of his, the testators, said children during their minority to the said Mary Broughton, the said Complainants GrandMother, during her widowhood

But if all his said Children dyed under age then he the said testator by his said will gave all the rest and residue of his estate both reall and personall in England or elsewhere subject to such further legacies as are therein mentioned unto the children of the testator’s xxx xxx in the county of Fflint, sons and daughters then living, share and share alike

But if his the said testators son Edward Broughton should attain his age of twenty and one years then he the said testator gave and devised all the rest and residue of his estate both reall and personall in England and elsewhere unto his said son Edwared Broughton and to his heirs executors and administrators for ever

And this Defendant believes that the testator duly executed the said will in the presence of three credible witnesses on or about the day and the date thereof, and this Defendant also believes that the said testator made a codicill bearing date the xxx day of xxx in the month of march and in the said year 1712, and annexed the same to his said will to be accepted and taken as part thereof

And that the said testator by his said codicill shortly recited that he had by his said will given and bequeathed, amongst other things, severall bequests to his said wife in lieu and Barr of her Dower, and further writing that William Craven Esq. had made his last will and testament and thereby gave a considereable legacy to his the said Testators wife, the said Mary Broughton, the Complainants Grandmother, which might in time come to xxx, of which the said Testator, the Complainants Grandfather, had made no disposition by his said will

In case the same should be received in his life time, or by his executors after his death, then he, the said Complainants GrandFather, by his will gave his said wife, the said Mary Broughton, above what he had bequeathed to her by his said will, the further sum of three hundred pounds a year during her life, to be paid her out of the proceed of his whole estate in such manner and proportions as he had directed by his said will to be paid

And likewise gave to the said Theodesia Broughton , the said Complainants Aunt, the further sums of one thousand pounds to be paid at her age of twenty and one years and in the meantime to be managed for her benefit

And to the said Complainants Mother, one thousand pounds, to be paid in like manner, and in the meantime to be managed for her benefit

And the rest and residue of his, the said testator’s, the Complainants GrandFather, Estate both reall and personall in the Kingdom of England and elsewhere he gave to his said son Edward Broughton when he should attain his age of twenty one years, to hold to him his heirs executors and administrators

And this codicil was, as this Defendant believes, duely executed by the testator as part of his said last will, in the presence of the same witnesses as this Defendant believes, but as to the contents of the said will and codicill this Defendant for his greater certainty thereof Humbly craves leave to referr himself to the will codicil and probate thereof respectively, when the same shall be produced to the honourable Court

And this Defendant saith that he believes that the said legacy given to the said Mary Broughton, the Grandmother, by the said will of William Craven was never paid unto the said testator Edward Broughton the Complainants Grandfather

And this Defendant further believes that the said Edward Broughton, the son, dyed an infant long before he attained the age of twenty one years, leaving the Complainants said Mother Mary, and their Aunt Theodesia, his Sisters, as coheirs at law, by which said decease of Edward Broughton, the son, before his age of twenty one years

This Defendant is advised that no part of the said testator Edward Broughton, the GrandFathers estate did ever rest in his said Infant son Edward Broughton, and that if any part of the said testator Edward Brought’s estate did ever rest in the said Edward Broughton the son, that then the same might on his dying under age go over unto his Sister Theodesia Broughton, and Mary the said Complainants Mother, in equal moyetyes, and this Defendant believes that the said Theodesia Broughton, the Aunt, and Mary Strudwick, the said Complainanats Mother, never took upon themselves the execution of their Fathers, will but that letters of Administration with the said will annexed were in due form granted to the said Mary Broughton, the Complainants Grandmother, and that the said Grandmother improved the said estates to a very considerable value, and took apon her the care and guardianship of the said testators said children for many years untill the time of her death, as this Defendants has been informed and believes

And this Defendant saith that he likewise believes it to be true thatin the year 1717 the said Mary, the said Complainants Mother, intermarried with Henry Strudwick Esq, the said Complainants Father, one of the Defendants to the Complainants said Bill, who afterwards had issue by her said husband, three sons to xxx this Complainant and no other child

And this Defendant has heard and believes it to be true, that the said Henry Strudwick, the Complainants Father, did in the lifetime of the said Mary Broughton, the said Complainants GrandMother, actually borrowe and receive of her the sum of one thousand pounds and that for the said sum of one thousand pounds the said Henry Strudwick, the Complainants said Father, gave his promisory note unto the Complainants said Grandmother, payable when the Complainants said Mother should attain her age of one and twenty, and as to the xxxx does not know, he the said Defendant for his greater certainty thereof doth crave leave to referr himself to the same

And this Defendant doth believe that the said Mary, the Complainants Mother, did attain the age of twentyone years in and about the year of our lord one thousand seven hundred and xxx

And this Defendant saith that he believes it may be true, that great difference happening between the Complainants said Father and Mother in so much that they, as this Defendant believes, were divorced in the Spirituall Court, and did for severall years live seperately, and that the said Mary Broughton the Complainants Grandmother took it apon herself the care of the said Complainants maintenance and education for many years and to the time of her the said Grandmothers death, as this Defendant hath been informed and believes

And this Defendant further saith that he hath heard and believes it to be true, that Edward Broughton, the said Complainants Uncle, dyed an infant about the age of ten years, and the said Mary Broughton, the Complainants said Grandmother, afterwards in due form made her last will and testament in writing bearing date on or about the first day of January 1720 and in her will thereby, amongst other things, did give and bequeath all her capital stock and annuity stock in the South Sea Company, Bank of England, East India Company and other companies, and her monies owing her upon mortgages, bonds, bills, notes, debts due and owing to her, securities, and all other goods, chattells, and personall estate whatsoever, unto this Defendant, the said William Winde and unto Doctor Exton Sayer and Charles Bayliffe, both in the Bill named, their executors, administrators and assigns, apon trust that they should dispose and apply one moyetye xxx and the interest, dividends and profitts thereof, for the separate use of the Complainants said Mother during her life, exclusive of the Complainants said Father, the said Henry Strudwick, or any other husband, and wherewith he should in no wise intermeddle, nor should the same be subject xxxx, and after her death then apon trust that they, the said trustees, should dispose and apply the said moyetye of the said trust xxx unto and amongst the said Complainants in such proportions, and at such times, as the said Complainants said Mother by any writing or writings witnessed by two or more credible witnesses, or by her last will and testament in writing, or by any writings purporting to be her last will and testament attested as aforesaid, should by herself alone and separately, without the said Henry Strudwick her husbands direction, give such direction and appointment then unto and amongst the said Complainants, share and share alike, payable to such of them as should attain their respective ages of twenty one years, and the other moyetye of the testatrix the said Grandmothers estate in trust to Theodesia Broughton, her heirs, executors and administrators forever

And that the Complainants said Grandmother, after severall other limitations, she, the said testatrix, gave to the said trustees, this Defendant and unto Exton Sayer and Charles Bayliffe, their heirs and assigns forever, all her reall estate lying or being in the island of Jamaica or elswhere, apon trust that the said trustees should convey and settle the same to the same uses and intents and purposes as she had therein before directed, of and concerning her stocks and personall estates, and made this Defendant, Exton Sayer and Charles Bayliffe Executors thereto

Soon afterwards, to witt, in the month of January 1729, the said testatrix the said Grandmother departed this life, as this Defendant believes, whose will, as this Defendant believes, hath sinced been been proved in the Prerogative Court of Canterbury by Exton Sayer and Charles Bayliffe, two of the executors in the said will. But as to the contents of the said last will this Defendant for his great certainty craves leave to referr himself to the same and prevale thereof when produced

And this Defendant further saith that he believes it to be true that Theodesia Broughton the said Complainants Aunt, being, as this Defendant believes, entitled to one moyetye of the said severall estates, she the said Theodesia Broughton did on or about the sixteenth day of June 1730 duely make and publish and declare her will in writing, and that she did thereby, amongst other things, give and devise all her reall and personall estate in England or Jamaica or elswhere unto this Defendant, and unto the said Exton Sayer and Charles Bayliffe, their heirs, assigns and administrators in trust, never the less, for the use and benefit of the said Complainants Mother Mary Strudwick, wherewith the said Complainants Father should not in any wise intermeddle, but to be at the sole disposition of the said Complainants Mother, and to be transferred and disposed of as she from time to time should direct, limit or appoint, and thereof that she, the Complainants said Mother alone should give a sufficient discharge to the said trustees as for what they, any or either of them, should act or do in the xxx, and thereof appointed this Defendant, and also the said Exton Sayers and Charles Bayliffe her executors, and soon after dyed, which said will this Defendant believes was proved in the Prerogative Court of Canterbury by this Defendant and the said Charles Bayliffe on or about the fourth day of September in the year of our Lord 1730. But as to the contents of the said last will this Defendant for himself cannot say but crave leave to referr himself to the same and the probate thereof when the same shall be produced to this honourable Court

And this Defendant further believes, that pursuant to the Power given to the Complainant said Mother, by and under the will of the Complainant said GrandMother, Mary Broughton, and given to her by the will of the Complainants said Aunt, Theodesia Broughton, the said Complainants Mother, Mary Strudwick, did on or about the twenty third day of January 1730 make, sign, seale and deliver, in the presence of three credible witnesses, a will, purporting to be her last will and testament, writing the power given her by the will of the said Complainants Grandmother and the said Complainants Aunt Theodesia, and in pursuance of the power by their respective wills given to her, the said Complainants Mother, she the said Mary Strudwick, thesaid Complainants Mother, did, by her said will in writing purporting her will, give and devise to this Defendant and to the said Exton Sayers and Charles Bayliffe, who are as this Defendant believes, both since deceased, their executors, administrators and assigns, all that moitye of the estate given by the said Mary Broughton as aforesaid, apon trust for the said Complainants in case they should respectively attain their ages of twenty three years, and then to be paid into their own hands or into the hands of the survivor of them

And in the mean time, she directed the interest, dividends and profitts to be managed by this Defendant, and by the said Sayer and Bayliffe and the survivor and survivors of them, in such manner and proportions as he or they should think fit, for the education and maintenance or placing out of the said Complainants, and after giving some other directions relating thereto,and to the said last will and testament of her late Sister Theodesia Broughton, spinster, and the power thereby given to the said Complainants Mother, she the said Complainants late Mother, in pursuance of the said power so given to her as aforesaid, gave and bequeathed unto this Defendant, and unto Sayer and Bayliffe, their heirs and asigns, all her reall and personall estate whereto she was entitled under the will of her said Sister, the said Complainants Aunt, or otherwise howsoever, and the interest, dividends and profits thereof apon the same trusts, and for the same uses and intents as she had received as her legacy of the said estate whereto she was entitled to under the will of her said Mother as aforesaid

And also thereby did will and devise that in case all her said sons (meaning the Complainants) should dye without issue, or leave issue and that issue should dye without attaining the age of twenty three years and issueless, that then she willed and devised the moitye of the said estate unto this Defendant Winde and the said Exton Sayer and the said Charles Bayliffe, their heirs and assigns, to be equally divided betweeen them and she appointed the said Exton Sayers and Charles Bayliffe the executors of such her last will, and gave to each of them, this Defendant Winde, and the said Exton Sayers and the said Charles Bayliffe, the sums of one hundred pounds each, and directed that all their costs and charges relating to the trust in them for the execution of the wills of the Complainants Grandmother or the Complainants Aunt Theodesia or otherwise relating thereto or relating to the prosecution and defence of any suites in law or equity with her husband Henry Strudwick or others, or any costs or damages they the said trustees or any of them in execution of the same trust, be paid and deducted fully out of her, the said Mary Strudwick’s estate, and that she soon after dyed. But to the contents of the said which last mentioned will or writing purporting or on the nature of a will of the said Mary Strudwick, he, this Defendant for himself cannot say and craves leave to refer himself to the same

And this Defendant further saith that he believeth that the said Complainant Father, hearing of the death of the Complainants Mother, did use severall means and methods to get possession of the said whole estate, and caused a caveat to be entered against them concerning the proving of the will of the said Mary, the said Complainants Mother, and about the third day of May in the year of our lord 1732, had letters of administration granted to him by the said Prerogative Court of Canterbury of the goods chattells and credits of the Complainants said Mother. But this Defendant for his greater certainty craves leave to refer himself to the said letters of administration when they are produced

And this Defendant saith that he believes it to be true, that the said Henry Strudwick, the said Complainants Father, has during the lifetime of the said Complainants Mother, and since her death, has received some considerable sum of money, part of the said trust estate, and was also indebted to the said Complainants said Grandmother in the sum of one thousand pounds

And this Defendant saith he believes it to be true, that the said Complainant Henry Strudwick, eldest son of his said deceased Mother, is heir at law of his the said Complainants Grandfather, Edward Broughton, and of the said Mary Broughton the Grandmother, and of his Aunt Theodesia Broughton, and of the said Complainants said Mother, Mary Strudwick, and that xxxx the said Doctor Exton Sayer is since dead, but whether the said Doctor ever acted in the said trust or how far he acted in the same this Defendant knows not

And this Defendant doth deny that he ever entered upon any part of the said reall estate devised in the said will, either of the said Complainant Grandfather, Grandmother, Aunt or Mother, and this Defendant doth not know of any other reall estate belonging to them, or either of them, saving the said small reall estate in the island of Jamaica aforesaid

And this Defendant believes that all the India Stock of which the said Edward Broughton, the Complainants Grandfather, was possessed of, or interested in, at his decease and which, as this Defendant believes, amounts to three thousand five hundred pounds Capital Stock and no more, doth still remain in the name of him the said Edward Broughton, and believes that the same or any part thereof hath not at any time since been altered, either by his wife, or his two said daughters, or the said trustees, or any or either of them

And this Defendant further saith, that he doth believe that in the book of the Company of the Bank of England there does appear to be the sum of two thousand four hundred and one pounds and one shilling Capital Stock of the same Company in the name of Mary Broughton, the Grandmother, subject to the will of Mary and Edward Broughton, and the further sums of one thousand eight hundred pounds of like Capital Stock in the Bank of England in her the said Mary Broughton’s own name generally. And this Defendant doth believe that the said severall summs of two thousand four hundred pounds and one shilling and one thousand eight hundred pounds still remains in the name of the said Mary Broughton the Grandmother, and that the same have not been altered since the death of her the said Mary Broughton the Grandmother

And this Defendant further believes that there appears by the books of the South Sea Company that the said Mary Broughton the Grandmother was in her lifetime possessed of four thousand nine hundred pounds one shilling and eight pence capital stock in the said South Sea Company and of the sums of four thousand nine hundred pounds one shilling and eight pence South Sea Annuity Stock, part of both which was sold transferred and disposed of by her the said Mary Broughton in her lifetime. And as to such part thereof as now remains undisposed of this Defendant has to the best of his power knowledge and belief set forth an account thereof in the schedule hereafter annexed, which said schedule this Defendant humbly prays may be taken as part of this answer

And this Defendant hath to the best of his power knowledge and belief set forth a full true and particular account and alterations that have been made in either the said stocks, either in the lifetime of the said Mary Broughton, or at any time since her death, in the said schedule hereunto annexed

And as to the money received by the transfers of such parts of the said South Sea Annuity Stock as have been made as aforesaid, together with the person’s names, by whom, and the times when the same have been respectively received, this Defendant hath also to the best of his power knowledge and belief set forth the same

And as to the dividends received apon the said severall stocks to wit the India Bank Stock, South Sea, and South Sea Annuity Stocks, together with the names of the persons who received the same, and the times when the same were respectively received, this Defendant hath also to the best of his power, knowledge and belief set forth the same in the said schedule hereunto annexed

And this Defendant further saith that the said Charles Bayliffe, being a practisor in the Court of law equity, and having for severall years had the management of the several trusts of the said Mary Broughton the Grandmother, and her said two daughters, Theodesia Broughton and Mary Strudwick, and having taken upon him the care and management of the said severall trusts estates, he, the said Charles Bayliffe was permitted and did continue the managment of the trust and trust estates during his life

And this Defendant also saith that since the decease of the Complainants Mother, Mary Strudwick, and during the lifetime of the said Charles Bayliffe, he doth not know, believe or remember that he, this Defendant, did receive any transfers of money, from or upon account of, the said several stocks, or the said trust estates, or any of them (except the sum of two hundred and twenty six pounds or thereabouts), but what was immediately paid over by this Defendant to the said Charles Bayliffe, but doth admit that he the said Defendant may have joyned with the said Charles Bayliffe in giving order for payments of severall sums of money to one Mr Phillip Dell, a broker, which afterwards were received by him the said Charles Bayliffe, and by him applied, either in the payment xx to belong to the said Complainants Father, as his wifes fortune, or for the benefit of the said Complainants, their children, for their maintenance and education, or for other such purpose as he thought fit, an account whereof this Defendant cannot set forth But this Defendant believes by the answer of Charles Bayliffe and Richard Bayliffe, executors of the said Charles Bayliffe, deceased, two other Defendants to the Complainant’s said Bill, to which answers this Defendant humbly craves leave to referr

And this Defendant admits that on or about the year of our lord 1731 he did exhibit into the Prerogative Court of Canterbury a declaration instead of an inventory of all and singular the goods chattells and credits of the said Mary Strudwick, deceased, wife of the said Henry Strudwick the Complainant’s Father, which since her death had then come to the hands, posession or knowledge of this Defendant, which were valued and appraized in the whole at the sume of one hundred and fifty pounds or thereabouts, to the best of this Defendants rememberance, and that the said goods were afterwards sold and delivered by the said Charles Bayliffe to the said Henry Strudwick, the Father, at the price of one hundred and fifty pounds which thery were appraized at, as this Defendant has been informed and verily believes, and that the said amount which the said goods were valued, was allowed to the said Henry Strudwick, the Father, and applied by him the said Charles Bayliffe in part of payment of what was pretended to belong to the said Complainants Father, in right of his said wife, the Complainants Mother, and believes the same is xxx sums mentioned in the said answer of the said Charles and Richard Bayliffeto the Complainants said Bill, to be paid by the said Charles Bayliffe the testator, to the said Henry Strudwick ,the Father

And this Defendant admits that he hath received, out of the said trust estates, since the death Charles Bayliffe, the severall sums and upon the several and respective accounts in the said schedule on that behalf mentioned and no more, as this Defendant verily believes or remembers, and this Defendant saith that he has heard and believes it to be true that a little later, the Complainants Mother, Mary Strudwick, that is to say in or about the month of August 1731, a great part of her goods and effects in her then dwelling house in Hatton Garden in the County of Middlesex, being part of the trust and trust estates were apon execution, by vertue of two of his Majestys writts of fieri facias, one at the suite of Edmund Strudwick, the said Complainants uncle, for five hundred pounds, and the other at the suite of one Margaret Bowes for four hundred and eighty pounds or thereabouts,and further believes apon two judgements confest xx obtained or recovered by them, against her said husband Henry Strudwick, and that the same goods and effects were afterwards redeemed by the said Charles Bayliffeand this Defendant and then sold, and the money raised thereof, xxx xxx Henry Strudwick the Father a part of what was coming or claimed to be due to him, the said Henry Strudwick the Complainants said Father, and the said executions occasioning a great tumult and confusion at the said house of the said Mary Strudwick the said house being as this Defendant believes being almost xxx

And the said Mary Strudwick being then very ill, and under great affliction and distress, was removed and went to the house of one Bartlett Mitchell, a jeweller in Drury Lane in the Parish of Saint Martin in the Fields in the county of Middlesex, who had been an ancient acquaintence of hers and of her Mother and Sister, and part of her the said Mary Strudwick’s Goods were, as this Defendant has been informed and believes, within a few days after sent to her, to the said Mitchells house, to wit Two boxes, in one of which were, as this Defendant hath been likewise informed, Two banknotes, the one for fifty pounds, and the other for ten pounds, and likewise jewells, plate, cloathes and linnen, out of which said first mentioned box, this Defendant hath heard and believes, that the said Mary Strudwick took out severall cloathes and some linnen and afterwards xxx secutore, with a chest of drawers under it, was removed from her said late dwelling house in Hatton Garden aforesaid to the said House of the said Bartlett Mitchell in Drury Lane aforesaid, in which said secutore were found, as this Defendant hath been informed and believes, xxx following, to witt, one cancelled Bond bearing date the twenty eighth day of november 1719, wherein Mary Broughton widow was bound unto Thomas Sydenham Esq. in the sum of six hundred pounds, conditioned for the said Mary Broughton, xx three hundred pounds unto the said Thomas Sydenham on the twenty ninth day of November, which then would be in the year of our Lord 1723, and lawfull interest for the same, and also one receipt bearing date the fifteenth of June 1720 signed by Henry Strudwick, the said Complainants Father, purporting to be a receipt from the said Henry Strudwick unto the said Complainants Grandmother, Mary Broughton, administratix of her late husband Edward Broughton, deceased, for the sum of seven hundred pounds being monies due to be coming to the said wife, Mary Strudwick, one of the daughters of the said Edward Broughton, by virtue of her said Fathers will, the said seven hundred pounds being paid by the said Mary Broughton to Mr. Thomas Sydenham in full of a note given by her to him for the same, xx xx the said Henry Strudwick does release and discharge the said Mary Broughton, the administratrix, and also the estate of the said Edward Broughton, of and from the said sum of seven hundred pounds, part of what is and would be coming to the said Mary Strudwick, wife of the said Henry Strudwick, the complainant’s Father, severall books of accompts and papers relating partly to the separate and trust estate of the said Mary Strudwick, and partly to the several suits that had been, and were depending, in the spiritual Court, touching the divorce of the said Mary Strudwick from her husband Henry Strudwick xxx for the cause of Adultery and cruelty towards his said wife, and likewise relating to several proceedings in this honourable Court

And this Defendant believes that the said Complainant’s Mother Mary Strudwick departed this life on or about the 13 day of September 1731

And this Defendant hath been informed and believes that after her death the said bank note for fifty pounds was delivered to the said Charles Bayliffe, the chief acting trustee, which was afterwards delivered back by the said Charles Bayliffe, xxx Mitchell and by order of the said Charles Bayliffe and this Defendant was by the said Mitchell applied for the use, and apon the account of, the said Complainants late Mother and the said Complainants

And this Defendant further saith that he hath heard and believes to be true that the said platecloathes and linnen contained in the said first mentioned box, together with the box itself, were afterwards delivered to the said Complainants Father Henry Strudwick, as this Defendant hath been informed and believes

And ths Defendant also hath heard and believes that at the same time a trunk, which was also the xxx xxx brought to the said Bartlett Mitchells house in Drury Lane aforesaid, containing some laces and linnen was together with the said laces and linnen also delivered to the said Complainant’s Father, Henry Strudwick

And this Defendant hath likewise been informed and believes that there is in the custody and posession of xxx Mitchell an old wedding ring being, as this Defendant hath heard and believes it to be, the wedding ring of the Lady Broughton, Grandmother to the Complainants said Mother Mary Strudwick, and of the value of fourteen shillings, as this Defendant believes little more or less, and also xxx or four promisory notes for money, in the whole not exceeding twelve pounds, which as this Defendant hath heard and believes, are desparate debts and part of the said separate estate of the said Complainants Mother, Mary Strudwick

And this Defendant saith that he doth not know xxx that any other person or persons in trust for him have or hath any moneys, bonds, bills notes and other securities for moneys, goods, chattells and personall estate, of, or belonging to the said Edward Broughton, the Testator, or to the said Mary Broughton, Theodesia Broughton, or to the Complainants said Mother, Mary Strudwick at the time of their respective deaths, saving as is herein before set forth, and except what is in the posession, custody, or powers of the executors of the said Charles Bayliffe

And as to what moneys or securities for moneys, deeds, paper writings, goods, chattells, or personall estate, of, or belonging to Edward Broughton, the testator, or the said Mary Broughton, Theodesia Broughton, or to the Complainants said Mother, or any of them, at the time of their respective deaths, are in the custody, posession or power of the executors of the said Charles Bayliffe, this Defendant knows not

And that xxx Charles Bayliffe is since dead, having as this Defendant hath been informed and believes, first made his last will and testament in writing, but what is the contents thereof, or who is appointed executors of such will, this Defendant knows not, and neither doth this Defendant know whether the said will xxx , but this Defendant hath heard and believes, that he appointed his two sons Charles Bayliffeand Richard Bayliffe Gentlemen, in the Bill named, Executors of his will, and that since the death of the said testator, Charles Bayliffe, their Father, they have proved the said will in the Prerogative Courtof Canterbury and taken apon themselves the execution thereof. But for greater certainty this Defendant craves leave to referr himself to the said will and probate thereof, when the same shall be produced to this honourable Court

And this Defendant further saith that he, this Defendant, doth not know, and cannot say, whether Charles Bayliffe, in his lifetime, together with this Defendant, ever transferred or sold any other or greater quantities of stock of the Capital Stock and the Annuity Stock of South Sea Bank, East India Company, and other Companyes Stock, part of the estate of the said Edward Broughton, the Grandfather, Edward Broughton, his son, Mary Broughton, Theodesia Broughton, or the said Mary Strudwick, Mother of the said Complainants, or any of them, other than are mentioned and set forth on the said schedule hereunto annexed. But this Defendant saith that he is not able to xxx of the trust estates, the monies so received by the said Charles Bayliffe and this Defendant, or by this Defendant alone, as aforesaid, was received otherwise than as appears by the said schedule

And this Defendant denys that he knoweth, believeth or has been informed, that any sum or sums of money was or were received by the said Charles Bayliffe and this Defendant, or have been by this Defendant alone received, out of the said trusts estates or any of them as are therein expressed, and what is set forth in the schedule to the said answer of the said Richard Bayliffe and the xxx to the Complainants said Bill

And this Defendant saith that he hath not done any thing to exhaust or diminish the said trust estate, or any of them, but hath to the utmost of his power endeavoured to improve them for the benefit of the said Complainants, and deny that he ever refused to deliver the said Complainants any account thereof, as in the said Bill is falsely suggested

And this Defendant saith that he, this Defendant, hath some claim or demand to, or upon, the said trust estates for severall sums of money due to him for the charges and expenses in law and equity and otherwise performing the trust xxx in question, all which this Defendant humbly hopes shall be allowed and paid to him, out of the said trust estates, some, or one of them

And this Defendant admits that a generall account whereof may be taken in this Honourable Court, and proper directions given, for distributing the same, for the said Complainants benefit during their infancy

And this Defendant saith that he, this Defendant, hath in this his answer and schedule hereto annexed, to the best of his power, knowledge and belief, set forth a true, full and particular account of the said severall trust estates

And this Defendant denys all and all manner of unlawfull combination and consideracy, in and by the Complainants said Bill, charged without that any other matter or thing in the Complainants said Bill charges him or effectuall for him, this Defendant, to make answer unto, and not heretofore in the schedule annexed unto, confessed or avoyded or loaned, is true to the knowledge and belief of this Defendant, all which matters and things this Defendant is ready and willing to averr, testify, maintain and plead as this honourable Court shall think fitt to award and xxxx therein

And this Defendant doth pray to be here dismissed with his reasonable costs and charges in this behalf, wrongfully and without just cause, had and sustained

Here follows the schedule to which the above written answer referrs :