Ward vs Whitchurch 1733

Sworne at the Publick Office in Chancery Lane this Twenty fifth day of May 1733 before me Frances Elde P 49 pt/17/16/

The Answer of John Whitchurch Gentleman and Elizabeth his Wife to the Bill of Complaint of Thomas Ward one of the Executors of William Whitchurch deceased Complainant

These Defendants now and at all times hereafter Saving and reserving to themselves All and all manner of benefit and Advantage of Exception To the Errors Insufficienceys and Incertainties in the said Bill of Complaint contained for Answer thereunto or unto so much thereof as these Defendants are Advised is material for them to make Answer to They these Defendants Answer and Say that they believe that William Whitchurch the said Complainants Testator did Exhibitt such Bill of Complaint into this Honourable Court against William Whitchurch Esquire John Culliford and Elizabeth his wife John Phelps and Mary his wife Roger Leversedge Esquire John Whitchurch Brother of the said Testator and Samuel Whitchurch James Whitchurch and Peter Walter Esquire as in his said Bill of Complaint is mentioned and that such proceedings were afterwards had as are therein mentioned And that the said William Whitchurch who Exhibitted the said Bill departed this life having first made such last Will and of such Date with such devises and to such uses as in the said Bill is mentioned and thereof made the said Complainant and the Defendant Elizabeth Whitchurch Executors And these Defendants do admitt that she this Defendant Elizabeth Whitchurch together with the said Complainant duly proved the said Will in the Prerogative Court of Canterbury and that Since these Defendants did intermarry But these Defendants deny that they refuse to joyn with the said Complainant in prosecuting the said Cause or to do any other Act touching or relating to the Execution of the Will of the said William Whitchurch the Testator in the said Bill named But on the Contrary Say that they are willing and desirous to have the said Complainant proceed in the said Cause for the due Execution of the said Will of the said Testator William Whitchurch and this Defendant John Whitchurch doth not know or believe that his said Father did ever receive his share or proportion of the said one thousand five hundred pounds agreed and provided to (page ripped – missing) Deed of Settlement of the twenty eighth day of April one thousand Six hundred and Seventy one in the original Bill mentioned (page ripped – missing) Share thereof being five hundred pounds or ever knew that his said Father received any Satisfaction what (page ripped – missing) the same Settlement And this Defendant doth deny the payment thereof and Saith that the Answer put (page ripped – missing) put into this Court for that the same was drawn and prepared by the Complainants Agent Attorney or Sollicitor without adviseing with any Councill whatsoever on his said Answer (illegible) not doubting but that the said William Whitchurch the Testator would have paid this Defendants father the said five hundred pounds at his return from the Space in Germany he being then there or beyond the Seas at the time of putting in his the said William Whitchurch the Fathers said Answer And Defendants said Father never saw the said William Whitchurch the Testator after his putting in his said Answer as aforesaid and this Defendant doubts not But if his Said father had Seen the Said Complainants Testator He the said Testator would have given or made him full Satisfaction for his Said Share of his Said fifteen hundred pounds and this Defendant Believes That the said William Whitchurch this Defendants father was drawn in and prevailed upon to put in such Answer as aforesaid And this Defendant saith that he is entitled to the greatest part of the residue of the personal Estate of his Father under his Will and in regard that this Defendants said Fathers Answer was so put in as aforesaid and no payment ever made of the said five hundred pounds as this Defendant ever knew or doth believe and therefore he this Defendant humbly hopes that the Complainant shall be held to strict proof of payment of the share of money or five hundred pounds aforesaid provided to be raised for this Defendants said Father by the Deed of Settlement aforesaid and in default of such proofe that this Honourable Court will direct the same to be raised by Sale or Mortgage of the Trust Term of ninety nine years created by the said Deed of Settlement or in such other manner as this Honourable Court shall think fitt before the said Term shall be assigned as prayed by the original Bill And this Defendant do deny that they obstruct the Execution of said Testators Will to their knowledge or beleife and deny Combination? Without that —– any other matter or thing in the Complainants said Bill of Complaint contained materiall or effectuall for these Defendants or either of them to make answer unto and not herein and hereby Sufficiently answered confessed or avoided traversed or —– is true to the knowledge or beleife of these Defendants All which matters and things these Defendants are ready to averr? and prove as this Honourable Court shall award And humbly pray to be hence dismissed with their reasonable Costs in this behalf most wrongfully sustained

James Burroughs

Reference: Transcribed from an original handwritten document – Kew Archives