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Trigg v Denyer 1682 Chancery Case - Complainant Henry Trigg jun, defendant George Denyer

Complaint

                                                                        To the honoble Heneage Earle of Nottingham

                                                                        Lord High Chancellor of England

 

21 Juny 1682

Complayning unto your Lordshipp your Orator Henry Trigg of Dorking in the County of Surrey Tallowchandler one of the Executors of the last will & testament of Jane Trigg late of Dorking aforesaid

widdow deceased who was executrix of Henry Trigg her husband your Orato^rs Late ffather deceased That the said Henry Trigg having a competent estate in houses & Lands and a considerable

psonall estate and being desirous to distribute the same amongst his wife and children did on or about the twenty sixt day of September one thousand six hundred and seventy made his last will

and Testa^mt in  writing and did thereby give and dispose his estate to & amongst his wife & children as by the said will may att Large appeared And of the said will made the said Jane his wife

his Executrix & shortly after dyed And after his decease the said Jane made due pbate of the said will and duely disbrsed her husbands estate and heed very frugally & brerden? her

Children carefully & by her care & frugallity improved her Estate And afterwards on or about the fifteenth day of November in the yeare of our Lord God One Thousand six hundred Seventy

& nyne made her Last will & Testamt and in writing & thereby devised & disposed of her estate amongst her children And thereby did nominate constitute & appoint yo^r Orator & her sonne in

Lawe George Denyer her sole Executo^r in trust that from and after paym^t of all her debts and legacyes then to deliver and pay all the sample? usage of her Goods Chattells & psonall estate unto her daughter

Elizabeth wife of the said George Denyer her daughter Jane Cooke the wife of Nicholas her sonne John Trigg her daughter ffrances Trigg & her sonne William Trigg yo^r orato^rs brothers & sisters to be equally

devided betweene them w^th in two yeares w^th said shee the said Jane Trigg duely signed & published to be her Last will & Testam^t And soone after departed this life And yo

Orato^r & the said George Denyer duely made pbate of the said will and tooke upon them the burthen & Execucon thereof and caused a pefect and true inventory to be made of the psonall

Estate and applied the money raised towards the paym^t of the debts and Legacyes And y^or  Orator further showeth that great part of the psonall Estate of the said Jane consisted in

Goods and wares in the Shopp w^th being propper to be disposed of altogether to avoid the trouble & charge & hazard of selling the same by parcell the said George Denyer did importune

& p^rvale upon your Orator to buy the same at the rates the same were vallued & appraised w^ch  altogether amounted to of one hundred sixty pounds and although yo^r Orator

had not any psent occasion for great part of the said goods & wares yett being willing that the most should be made thereof & for the better discharge of the Trust yo^r Orator submitted to

take the same as appraised and not having ready money to pay for the same the said George Denyer pposed that yo^r Orator  should Give his bond for paym^t thereof to w^th alsoe your

Orator submitted and did thereupon execute A bond of the psonalty of three hundred and twenty pounds or some such like psonalty to the said George Denyer or some other by him named

Condiconed for the payment of the sume of one hundred & sixty pounds or thereabout w^th in six months or some such like tyme the said one hundred & sixty pounds being the money agreed upon

for the said Goods & wares And yo^r Orator according to the condicon of the bond designed to prvide & pay the said money and knowing that the same according to their Testatrix will was to be paid

towards discharge of the debts and Legacyes hee did as occasion required Lay out and disburse his owne in discharge of the debts and Legacyes and expected to have the Bond declared

up But soe it is may it please your good Lordshipp that when your Orator came to the said George Denyer refused to come to any account or to prduce or show forth the said Bond or to

vacate or cancell the same, but having conceived some causes of displeasure against yo^r said Orator & resolving to folow his unburdene? to the utmost of his power hee absolutely denyed to deliver

up or cancell the said bond, but gave out and declared that the said bond was outered unto him or in trust for him for money bona fide Lent by him to yo^r Orator and that it was his month?

money and to be paid to him for his owne use and not for the Shopp Goods & wares parcell of Their Testatrix Estate and hath put the said bond in suite? or threatens speedily to put the fund in

suite against yo^r Orator & compell him to pay the penalty thereof the tyme for paym^t being expired And in cade? to worke his designe upon yo^r w^th the greater bolour of Joshie? hee hath informed

yo^r Orato^rs said brothers & sisters whoe are to have the benifitt of the surplus as aforesaid that yo^r Orato^r hath had & received all the said goods and wares & hath not paid any thinge towards

sattisfacton nor given any amount thereof & thereby hath drawne them into a combination w^th him to demand & expect An accompt from yo^r Orato^r  of the vallue of the said goods & wares

With Accompt yo^r said Orator hath allways been & is ready & willing to give & to pay every penny that hath any wayes come to his hands as one of his mothers executo^rs & hath informed them senally that the

vallue of the said goods & wares being one hundred & sixty pounds hath been by him disposed for their benifitt & in discharge of the trust and that he gave bond for the said one

hundred & sixty pounds as aforesaid and yett the said George Denyer doth deny and refuse to deliver up the said Bond but ptends that the money thereby formed was his owne money and

that hee will compell your Orator to pay the same & hath alsoe joailed w^th them to insist on their demands as aforesaid now for that y^or Orator as one of the Executo^rs of his said mother

the testatrix is lyeable to make good what came into his hands of her estate & it is apparent & hee cannot Deny but the said Goods & wares came into his hands & disposicon, and must give an accompt

thereof & for that the same Bond was given for the same money & not for money Lent or otherwayes due yett the Condicon of the said bond being for paym^t of one hundred & sixty

pounds w^thout any mencon of what the same was or how it became One, your Orator is likely to be double charged for the said goods and to make good the vallue thereof as aforesaid

upon the accompt as executo^r as alsoe to pay the same money to the said George Denyer upon the said bond, unlesse hee may be releived therein by the aid & assistance of this honble

Count yo^r said Orato^r for want of witnesses to pve the same being otherwise & elswhere w^th out releife but doth humblie hope the said George Denyer and the other Confederates whoe does

all well know that the said Bond was given for the vallue of the said goods & wares & not for money Lent nor otherwise then as aforesaid will upon their sevral Corporall Oaths if required

& called thereto sett forth & declare the truth & that thereupon yo^r Orator shalbe releived and have the said bond delivered up and Cancelled to the end therefore that the said George Denyer

& the rest of the confederates may sett forth & discover when how & for what the said bond was entered into by yo^r Orato^r and whether the same was for the goods & wares parcell of the

Estate of the said Testatrix, or for money Lent & when x where & by whom & to whom the same was Lent & whose money the same was & who paid it, who received it & who & where

pticulerly & for what the said bond was entered into & the pticulers & vallues of the Goods & wares & whether your Orator hath not disbursed and paid to the vallue thereof as aforesaid, and that

all of them may true and pfect answere made to all & singular the ?rhoulerse pmisses and that your Orator may be releived & may have the said bond delivered up & cancelled may it please yo^r Lordshipp

the pmisses considered to grannt unto yo^r Orator his ma^ties most gratitious writt of Subpa to be directed to the said George Denyer and Elizabeth his wife John Trigg William Trigg Nicholas Cooke

& Jane his wife & ffrances Trigg thereby comanding them & eny of them at a certaine day & under a certaine payne therein to be Limitted psonally to be & appeare before yo^r Lordshipp

in the high Court of chancery then & there upon their Corporall Oathes answere all and singular the p^rmisses and further to stand to & abide such further Order & decree therein as

to yo^r Lordshipp shall seeme meete                                                                                  and yo^r Orator shall pray ec

e parry                                                                                                                                                                                                    Ri: Holford