Feb 1717 c 11 704 1
To the Right Honourable William Lord Cowper Baron of Wingham Lord High Chancellor of Great Brittain
Humbly complaining sheweth your LordShipp your Oratrix Mary Broughton the Widow and Relict of Edward Broughton late of Hatton Garden in the parish of St Andrews Holbourne in the County of Middx Esq
That the said edward Broughton your Oratrix’s late husband being in his lifetime possessed of a considerable personall Estate & having one son viz- Edward Broughton an infant of the age of seven years or thereabouts & Theodesia Broughton & Mary Broughton his two Daughters which sd Theodesia his eldest Daughter is now of the age of eighteen, Edward, & Mary Broughton now Mary Strudwick of the age of fourteen years
He your Oratrix’s said husband on or about the sixteenth day of March in the year of our Lord One Thousand Seven Hundred and twelve did in one forme of Law make his last will and testament in writing whereby he did give some specifick Legacies to severall Persons therein named and did thereby also bequeath an annual payment of two hundred pounds P annum to your Oratrix out of his whole estate without any defaltation
And also did give and bequeath by his said Will unto his Eldest Daughter Theodesia when she should attain her age of twenty one years the sum of three thousand pounds in the meantime to be managed for her benefitt
And also did thereby give and bequeath unto his Daughter Mary Broughton, a deft hereafter named, when she should attain her age of twenty one years the sum of three thousand pounds in the meantime to be managed for her benefitt as in his said will is directed
And did thereby make and ordain all his Children that should be living at his decease Executor of his said will and did constitute and appoint his ffriende Mr Wm Heathcott and Mr Charles Kent to be Trustees and Overseers thereof
And did will and appoint Yr Oratrix his wife, during her widowhood, to be admx thereof and to have the adminson of his Goode & Chattells & debtors the use of his said Children till they or some of them should attain their respective ages, and with the consent and approbation of his said Overseers to apply the same as they or the survivors of them should think good for the proffitt of his said Children according to their respective Interest therein by virtue of that his will
And further he did thereby declare that his will and mind was that if any of his said Children should dye under age that then their part porcon and legacy of him or her so dying under age as well reall & personall should belong and appertain unto the survivor or survivors his said children & their heirs and Exors share and share alike
And the sd Edward Broughton yr Oratrix’s sd husband by his will did further order & direct That out of the profitts to be gotten by the use & occupying his whole estate reall & personall there should be paid & allowed yearly for each of her sd Childrens maintenance educacion and bringing up to the age of ten years the sume of fifty pounds and for each of their respective ages of ten years to their severall ages of twentyone years for each of their educacon schooling and apparell the sume of eighty pounds
And by the said will did appoint that yr Oratrix during her widowhood should be guardian of his said Children during their minority
And in case Edward his son should attain his age of twenty one years then he did give & bequeath to his said son Edward Broughton all the rest & residue of his estate both reall & personall to him his heirs Exors and Adms for ever
And yr Oratrix further sheweth yr Lordshipp that two days after viz. the eighteenth day of the sd month of march in the sd year of our Lord one thousand seven hundred and twelve yr Oratrix’s husband did make & publish a codicil to his said will thereby writing that whereas by the last will & testament of William craven Esq a considerable legacy was given to yr Oratrix which in time might come into his estate of which he had made no disposition by his will
Therefore in Case the same should be received either by him in his lifetime or by his Exor after his decease he gave devised the same in manner following viz.
First he did give & bequeath to yr Oratrix over and bsides what he had given by his said will the ffurther sume of three hundred pounds pr annum during the terms of her Life to be paid out of the whole estate without any defaltation or abatement in such manner and at such times & in such proporcons as the said two hundred pounds a year given to your Oratrix by his will is directed to be paid
And in such case did give to his eldest Daughter Theodesia Broughton over & besides what he had given and bequeathed to her by his last will the ffurther sume of one thousand pounds to be paid heer at her age of one & twenty years
And the like sume to Mary Broughton over & besides what he had bequeathed to her as by the sd Will & Codicil may more fully and at large appear.
After the making of which will Viz. on or at the seventh day of May in the year of our Lord One thousand seven hundred & thirteen the said Edward Broughton yr Oratrix’x said husband departed this life leaving his three children aforementioned & yr Oratrix took admicon from a lawfull Ordinary with the said Will annexed did take the advice of the overseers in the said will named in the Management of yr Oratrix said late husbands estate
But the sd Wm Heathcott & the sd Charles Kent being merchants of great dealings and business could not many times have leisure to concern themselves in the sd affair & yr sd Mr Chales Kent is since decd & yr Oratrix ever since the death of her sd late husband hath taken all the care in her power of her sd childrens Educacon & the management of the sd estate of her sd late husband & hoped that they would have taken yr Oratrix advice in the disposall of themeselves in Marriage that the same might have been suitable to the fortunes & porcon left them by their sd father
But yr Oratrix sheweth yr Lordshipps that on or about sd Month of November last past one Mr henry Strudwick a gentleman who had not been bred to any trade or business & as your Oratrix hath reason to believe of little or no estate found means to become acquainted with your Oratrix’x second Daughter Mary Broughton who was then of the age of fourteen years & so farr engaged her affeccons that in the beginning of the month of December in the year of our Lord One thousand seven hundred & seventeen the sd Henry Strudwick prevailed upon yr Oratrix’s sd Daughter to marry him without Yr Oratrix knowledge or Consent or the knowledge or consent of the surviving overseer of yr Oratrix’x sd Husbands will
And some short time after the said marriage the sd Mr Strudwick applyed to yr Oratrix in very pressing terms that yr Oratrix would pay him the porcon bequeathed to his said wife by yr Oratrix’s sd late husband’s will or to allow him the Interest thereof alledging that otherwise he could not maintain his said wife or that he must retire with her into the country
And yr Oratrix being advised that by the sd Will the sd porcon was not payable to her till her age of twentyone years & that in case she dyed before that age the same was given over to yr Oratrix’s other children & therefore declining to comply with the sd Mr Strudwick demands he the said Mr Strudwick was pleased to express great dissatisfaction & resentment against yr Oratrix thereupon & hath been pleased to declare that yr Oratrix may expect hereafter to hear from him, by which yr Oratrix apprehends the said Mr Strudwick intends after his said wife comes of age to commence suits against yr Oratrix
Now for as much as yr Oratrix being intrusted as aforesaid by her said Husbands will for her children is desirous to do the best she can for them and that the porcon of the said Mary yr Oratrix’s daughter the wife of the said Mr Strudwick may be set apart out of yr Oratrix said husbands estate to be improved for her benefitt & that the same when payable may be settled & secured for the benefitt of her & her children if she have any and that it may not come into the hands or power of the said Mr Strudwick unless he makes a suitable settlement in proportion to her fortune & for it the Mree aforesaid according to the whole circumstances thereof is proper for the juridicton of this honourable court
May it please your lordshipp that the said Henry Strudwick & Mary his wife make true & Pfect answer make to all & singular the pmses that may be particularly setforth when they were marryed & of what age the said Mary was at the time of such marriage according to the best of his knowledge or belief & whether such marriage was with the consent or knowledge of yr Oratrix & whether the said Mr Strudwick hath any & what estate to make a settlement equivalent to the porcon or fortune of the said Mary his wife
And that in case he have not that the said porcon or fortune of the said Mary may be settled and secured by this honoble Court for the benefitt of the said Mary & the issue there may be of the sd marriage and that yr Oratrix may have the direccons of this honoble Court touching questions that arise uppon the said will & codicil & the disposing of what belongs to the said Mary Strudwick and that upon the whole Mre such releif may be granted in all and singular the prmises according to equity & good conscience and for conformity that your Oratrix’s said daughter Theodesia Broughton & your Oratrix said son Edward Broughton may be partys to this suit
May it please yr Lordship the Pmses considered to grant unto yr Said Oratrix this Majestyes most gracious writt or writts of subpeona to be directed to them the said Henry Strudwick & Mary his wife, and Theodesia Broughton and Edward Broughton thereby commanding them and each of them at certain Day and under certain pain therein to be limitted psonally to be and appear before your LordShipp in this High & Honoble Court of Chancery then and there upon their severall & respective Corporall Oaths true effect direct & distinct answer make to all & singular the said premises and further to stand to and abide such ffurther rule order direction and decree therein as your LordShipp shall soon meet
And your Oratrix as in Duty Bound shall ever prayer
THOMAS LUTWYCHE