In Chancery

Master of the Rolls

GEORGE DENNY, EPHRAIM DENNY,CHARLOTTE DAVY, Widow, (formerly CHARLOTTE DENNY, Spinster) and LAVINIA DENNY

v

JOHN BUTTON and SAMUEL ROBINSON

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BILL

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To The within-named Defendants, John Button and Samuel Robins, Greeting.

We command you, and each of you that within Eight Days after Service hereof on you, exclusive of the day of such Service, you cause an Appearance to be entered for you in our High Court of Chancery to the within Bill of Complaint of the within-named George Denny, Ephraim Denny, Charlotte Davy, widow (formerly Charlotte Denny spinster) and Lavinia Denny, and that you observe what Our said Court shall direct.

Witness Ourself, at Westminster the Ninth Sixteenth day of May, in the Sixteenth year of our Reign.

Note – If you fail to comply with the above Directions you will be liable to be arrested and imprisoned.

Appearances are to be entered at the Record and Writ Clerk’s Office, Chancery Lane, London

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Solicitor –

HENRY RICHARD SILVESTER

18, Great Dover Street, Newington, Surrey

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R Kerr, 13 Chichester Rents, by 84, Chancery Lane

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In Chancery

 Master of the Rolls

BETWEEN GEORGE DENNY, EPHRAIM DENNY, CHARLOTTE DAVY, Widow, (formerly CHARLOTTE DENNY, Spinster) and LAVINIA DENNY

Plaintiffs

And

JOHN BUTTON and SAMUEL ROBINSON

Defendants

BILL OF COMPLAINT

To the Right Honourable Robert Monsey, Baron Cranworth, of Cranworth, in the County of Norfolk, Lord High Chancellor of Great Britain.

Hereby complaining shew unto his Lordship, George Denny, of No. 7, County Terrace Street, New Kent Road, in the County of Surrey, Warehouseman; Ephraim Denny, of 57, Farringdon Street, in the City of London, Eating House Keeper; Charlotte Davy, of No. 8, Ayliffe Street, New Kent Road, aforesaid, Widow, (formerly Charlotte Denny, Spinster) and Lavinia Denny, of Dulwich Common, in the County of Surrey, Spinster, as follows, that is to say:

1. That Charlotte Cossey, late of Dedham, in the County of Essex, Spinster, deceased, when she was of sound and disposing mind, memory, and understanding, made and executed her last will and testament in writing, bearing date the Fourth day of March, One thousand eight hundred and forty-one, and which was so executed and attested as was then and is now by law required for the validity of wills, and the same was (so far as it is necessary or material to be herein stated) in such words and figures, or to such purport and effect as hereinafter set forth, (that is to say) – “I give and bequeath all property, monies, bonds, and securities for money, and all other my personal effects, whatsoever and wheresoever and of what nature or kind the same may be, after payment of my just debts and funeral expences and testamentary expences attending thereto, as follows, namely, I give and bequeath one equal share to my sister, Mrs. Sarah Button, wife of Ephraim Button, of Denton, in the County of Norfolk, or her children.  Also my family bible, and all the books that I possess, I give to my aforesaid sister, Sarah Button.  Also I give and bequeath one equal share to the heirs of my sister Rhoda Denny, wife of George Denny, late of Starston, in the County of Norfolk, deceased.  Also I give and bequeath one equal share to the heirs of my late sister, Mary Robinson, wife of the late Samuel Robinson, of Holton, in the County of Suffolk, Farmer.  Also I give and bequeath one equal share to the heirs of my late brother, Francis Cossey, late of Horham, Farmer, in the County of Suffolk.  Also I give and bequeath one half of an equal share to William Cossey, of Kirby, Labourer, in the County of Norfolk, only surviving son of my late brother, William Cossey, late of Beccles, in the County of Suffolk, if living at the time of my decease, if he is not I bequeath it to the surviving legatees.  Also I give and bequeath one half of an equal share to the heir of Mrs. Eliza Girling, wife of John Girling, of Rougham, Miller, in the County of Suffolk, daughter of my late brother, Richard Cossey, of Earsham, in the aforesaid County of Norfolk.  Also my clothes and trinkets, brooches, rings, and moveable effects, I wish my niece, Mrs. Eliza Girling, wife of the aforesaid John Girling, to divide to the best of her judgment between my sisters and nieces such things as may be useful to them.  And I do hereby nominate, constitute, and appoint John Button, of Topcroft, Farmer, in the aforesaid County of Norfolk, and Samuel Robinson of Henstead, Farmer, in the aforesaid County of Suffolk, to be my executors to this my last will and testament, as by the same will or the probate copy thereof, to which the said plaintiffs crave leave to refer when the same shall be produced to this Honourable Court, will fully appear.

2         That the said testatrix was at the time of her death hereinafter mentioned possessed of, interested in, and entitled to divers personal estates and effects, consisting of ready money, monies in the public stocks or funds, debts due and owing to her as well by specialty as on simple contract, and in particular a certain debt or sum of One hundred and thirty pounds due and owing to her from John Button in her said will named and who is one of the above named defendants, and a certain debt or sum of Two hundred pounds due and owing to her the said testatrix from one Mr. Cornaby and a debt or sum of Three hundred pounds due and owing to her the said testatrix from Mrs. Cossey and Richard Cossey her son, the widow and eldest son of Richard Cossey deceased, with interest thereon, pictures and other effects to a very large amount and value in the whole.

 3         That the said testatrix departed this life in or about the month of August, One thousand eight hundred and fifty, without having in any manner altered or revoked her said will

 4         That at the time of the death of the said testatrix there were seven children of her then late sister, Rhoda Denny, in her said will named and no more living, that is to say, the above named plaintiffs and three other children, one of whom has since departed this life.

5         5       That Sarah Button, the sister of the said testatrix in her said will named, died in the lifetime of the said testatrix and left several children her surviving, and who were living at the death of the said testatrix.

 6         That at the time of the death of the said testatrix there were several children of her then late sister, Mary Robinson, in her said will named living.

 7         That at the time of the death of the said testatrix there were several children of her then late brother, Francis, Cossey, in her said will named living.

 8         That William Cossey the son of the said testatrix’s late brother, William Cossey, in her said will named survived the said testatrix and is now living.

 9         That Mrs Eliza Girling in the said will also named is now living, and she has two children only who were born in the lifetime of the said testatrix.

 10      That the said plaintiffs are advised and they hereby charge that according to the true construction of the hereinbefore stated will the clear residue of the personal estate of the said testatrix became upon her death and is now divisible into five equal fifth parts or shares and that the children of the said Sarah Button, deceased, who were living at the time of the death of the said testatrix and are now living became and are now entitled to one of such equal fifth parts or shares, and that the children of the said Rhoda Denny who were living at the death of the said testater became and that such of them as are now living and the personal representatives of the said child, since deceased, now are entitled to one other of the said equal fifth parts or shares, and that the children of the said Mary Robinson, deceased, who were living at the death of the said testatrix and are now living have become and are now entitled to another of the said equal fifth parts or shares, and that the said William Cossey, the son, has become and is now entitled to one equal moiety or half-part of and in the other of the said equal fifth parts or shares, and that the children of the said Eliza Girling who were living at the death of the said testatrix have become and are now entitled to the remaining moiety or half part of and in the said last mentioned fifth part or share.

11      That shortly after the death of the said testatrix and on or about the Seventeenth day of April, One thousand eight hundred and fifty-one, the said defendants, John Button and Samuel Robinson the two executors in the said will named and appointed duly proved the hereinbefore stated will in the Prerogative Court of the Archbishop of Canterbury, which was the proper Ecclesiastical Court for that purpose, and they took upon themselves the execution of the trusts thereof.

 12      That the said defendants, John Button and Samuel Robinson, did by virtue of the probate of the hereinbefore stated will possess, get in, and receive the personal estate and effects of the said testatrix to a large amount and value in the whole and much more than sufficient to pay and satisfy all the funeral and testamentary expences and just debts of the said testatrix, and they have thereout long since paid and satisfied all the funeral and testamentary expences and just debts, and after payment thereof there remained in the hands of them the said defendants, John Button and Samuel Robinson, a considerable balance or sum of money which arose from the said plaintiffs and the several other persons who are entitled to the residuary personal estate of the said testatrix and the interest and dividends thereof under or by virtue of the hereinbefore stated will and in the events which have happened.

 13      That the said plaintiffs have frequently applied, and caused applications to be made to the said defendants, John Button and Samuel Robinson, and have requested them to come to a true and just account with them the said plaintiffs, for all the personal estate and effects which the said testatrix was possessed of, interested in, and entitled to at the time of her death, and of such parts thereof as have been possessed, got in, and received by them the said defendants, John Button and Samuel Robinson, or by either of them or by any person or persons by their or either of their order, or for their or either of their use, and for the application thereof, and to ascertain the clear residue of the said testatrix’s personal estate, and to pay and divide the same to and amongst, or to secure the same for the benefit of the said plaintiffs, and such other person or persons as is, or are entitled thereto by virtue of the hereinbefore stated will, and in the events which have happened.  But the said plaintiffs show that the said defendants, John Button and Samuel Robinson, have absolutely refused, and do still absolutely refuse to comply with such requests, and they at times pretend and allege that the personal estate and effects which the said testatrix was possessed or, interested in, and entitled to at the time of her death were of inconsiderable value in the whole, and not more than sufficient to pay and satisfy all the debts, and funeral and testamentary expences of the said testatrix, and that the same have been exhausted in payment and discharge of such debts, and funeral and testamentary expences, and that no part of the said personal estate and effects nor remains unapplied, the contrary of which pretence, the said plaintiffs, charge to be the truth, and that the personal estate and effects of the said testatrix at the time of her death were to a large amount and value in the whole, and much more than sufficient to pay and discharge all her debts, and funeral and testamentary expences, and that all such debts, and funeral and testamentary expences have been thereout long since paid and satisfied, and that after payment thereof, there remained in the hands of the said defendants, John Butto0n and Samuel Robinson, a very large surplus of the said testatrix’s personal estate, and that such surplus now remains in the hands of the said defendants, John Button and Samuel Robinson, or they have applied the same to their own use and benefit, and have made great gain and profits thereby, and so it would appear if the said defendants, John Button and Samuel Robinson, would respectively set forth a full, true, and particular account of all the personal estate and effects which the said testatrix was possessed of, interested in, and entitled to at the time of her death, and of what the same and every part thereof consisted, and the full, true, and utmost values thereof, and of every part thereof, and when and by whom the same and every part thereof have or has been possessed, got in, and received, and how and in what manner, and by whom and to whom, and for what price the same, and each and every part thereof have or has been sold and disposed of, and when and by whom the monies arising from the same, and each and every part thereof have or has been received, and how and in what manner, and when and by whom, and for whose use the same and every part thereof have or has been applied, and in the hands of the said testatrix’s personal estate now remains outstanding and unreceived, and for what reason the same and every part thereof have not been got in and received, and how and in what manner are and is the same and every part thereof secured, and which the said plaintiffs charge the said defendants, John Button and Samuel Robinson, ought to set forth and discover, but which however they severally refuse to set forth.

14      That divers large sums of money which were due and owing to the said testatrix at the time of her death still remain unreceived, and the said defendants, John Button and Samuel Robinson have omitted and neglected to call in the same, or to take any steps or proceedings, to recover the amounts thereof, and in particular the said several debts or sums of One hundred and thirty pounds, Two hundred pounds, and Three hundred pounds, which were so respectively due and owing to the said testatrix at the time of her death from the said defendant John Button, the said Mr. Cornaby, and the said Mrs. Cossey, and Richard Cossey respectively, hereinbefore mentioned with interest thereon respectively, now remain outstanding and unreceived and that unless steps are taken to recover the amounts of such several debts or sums of money as aforesaid, there is great danger that the same will be lost to the estate of the said testatrix, and under the circumstances aforesaid, the said defendants, John Button and Samuel Robinson ought to be compelled to make good to the estate of the said testatrix all such sums of money as have been or may be lost to the said estate by reason of their neglect or omission, to get in and receive the said sums of money, or any or either of them.

15      15    That some proper person of persons ought to be appointed by this Honorable Court to collect, get in, and received the outstanding personal estates and effects of the said testatrix, and that the said defendants, John Button and Samuel Robinson ought to deliver up to the person or persons so to be appointed as aforesaid all the personal estate and effects of the said testatrix now remaining in their or either of their hands, or due from them or either of them.

 16      That the said defendants, John Button and Samuel Robinson ought respectively to be restrained by the order and injunction of this Honorable Court from collecting, getting in, or receiving the personal estate and effects of the said testatrix, now remaining outstanding and unreceived, or any part thereof, and from paying away, or in any manner parting with any part of the said personal estate which is now in their or either of their hands, or due from them or either of them save under the direction of this Honorable Cour

 17      That the said defendants, John Button and Samuel Robinson have had divers conversations and verbal communications with each other, and with divers other persons in the presence of some other persons or person, and in particular with and in the presence of the solicitors or agents of them the said defendants, John Button and Samuel Robinson, in which they the said defendants, John Button and Samuel Robinson have admitted the several matters and things hereinbefore stated and charged, or some of them to be true, or mentioned, or referred to the same as being true.

 18      That the said defendants, John Button and Samuel Robinson have written and sent to each other, and to various other persons divers or some letters or notes, in which they the said defendants, John Button and Samuel Robinson have admitted the several matters and things hereinbefore stated and charged, to be true, or mentioned, or referred to the same as being true, and that they the said defendants, John Button and Samuel Robinson have also received from various or some persons or person, and in particular from the solicitors or agents of them the said defendants, John Button and Samuel Robinson various or some letters, or notes, or other writings in answer or reply to various or some letters or notes written by them the said defendants, John Button and Samuel Robinson, and relating to the matters and things hereinbefore stated and charged, and in which such matters or some of them are, or is admitted to be true of alluded to as being true.

 19      That the said defendants, John Button and Samuel Robinson, have now or lately had, or ought to have in their possession, custody, or power, or in the custody or power of some solicitors or solicitor, agent, divers deeds, bankers’ pass books, cheque books and other books, accounts, copies of accounts, entries, vouchers, memoranda, letters, copies of or extracts from letters, notices, papers and writings, in some manner concerning or relating to the several matters and things hereinbefore contained and set forth, or some of them or whereby, if discovered and produced, the truth of such matters or some of them would appear. And that the said defendants, John Button and Samuel Robinson ought to discover and set forth in a schedule a full, true, and particular list and description of all, each and every the several items and particulars before enumerated and hereby enquired after and may therein distinguish and account for such of the same (if any) as have at any time been, but which are no longer in their or either of their possession or power, and to discover and set forth what in particular has become of such of the said several items and particulars as are not now in their or either or their possession or power, and when and to whom and for what purpose they or he parted with the same respectively, and when and in whose custody or power the said defendants, John Button and Samuel Robinson, or either of them last saw or heard of the same or any of the20      That the said defendants, John Button and Samuel Robinson have, or one of them has at some times or time destroyed, obliterated, or in some manner made away with the said before mentioned particulars, or some of them, and that they ought severally to distinguish and specify such of the same as they or he ever destroyed or in any way made away with, together with the several times and occasions when and for what purpose they or he so destroyed or made away with the same respectively, and also to discover and set forth the material contents and particulars of the same and each and every of them.  And that the said defendants, John Button and Samuel Robinson ought to produce and leave such of the said several before mentioned items and particulars as now are in their or his possession or power, or in the custody, possession, or power of their or his solicitors or agents, or solicitor or agent, in the hands of the Clerk of Records and Writs, in whose division this cause will be for the usual purposes.

 PRAYER

 The above name Plaintiffs pray as follows:

 1                     That the trusts of the hereinbefore stated will, may be decreed to be performed and carried into execution.  And that an account may be taken, by and under the direction and decree of this Honorable Court, of the personal estate and effects which the said testatrix was possessed of, interested in and entitled to, at the time of her death, and of such parts thereof, as have been possessed, got in, and received by, or come to the hands of the said defendants, John Button and Samuel Robinson, or either of them, or by any other person or persons by their or either of their order, or for their or either of their use, and of the application thereof, and of every part thereof.

2                     That an account may in like manner be taken of all the debts, and funeral, and testamentary expences of the said testatrix, and if any part thereof now remains unpaid, that the same may be forthwith paid and satisfied.

3                     That such parts of the personal estate of the said testatrix as do not now consist of money, may be sold an converted into money.

 4                     That the clear residue of the said personal estate of the said testatrix may be ascertained and that same, including the monies which shall be found to be due and owing from the said defendants, John Button and Samuel Robinson, or either of them, may be paid into the Bank of England in the name of the Accountant General of this Honorable Court and may be laid out and secured for the benefit of the said plaintiffs and the other persons who are, or may become entitled thereto, with liberty for the said plaintiffs and such persons or persons as now are or may become entitled thereto, under the said will to apply to this Honorable Court respecting the same.

 5                     That in taking the accounts hereinbefore prayed, the said defendants, John Button and Samuel Robinson may respectively be charged with and made liable for all such sums of money as might have been received by them respectively, but for their respective wilful neglect or default.

 6                     That the rights and interests of the said plaintiffs and all other persons in the personal estate of the said testatrix may be ascertained and declared under the decree of the Honorable Court, and that out of the share of the said plaintiff Ephraim Denny, the sum of Twenty pounds which was due from him to the said testatrix at the time of her death may be deducted and allowed to the estate of the said testatrix.

 7                     That some proper person or persons may be appointed by this Honorable Court to collect, get in, and receive the outstanding personal estate of the said testatrix.

 8                     That the said defendants, John Button and Samuel Robinson may respectively be restrained by the order and injunction of this Honorable Court from collecting, getting in, or receiving the personal estate and effects of the said testatrix which are now outstanding and unreceived, or any part thereof, and from in any manner dealing or interfering with the said personal estate and effects of the said testatrix, or any part of parts thereof.

9                     That all necessary and proper directions may be given, accounts taken, and inquiries made for effectuating the several purposes aforesaid, and that the said plaintiffs may have such further and other relief in the premises as the nature and circumstances of the case may require, and shall be agreeable to the equity (can’t read this word) and good conscience.

SAM^L F BILTON
9   New Boswell Court
Lincoln’s Inn.

Names of the Defendants

        The Defendants to this Bill of Complaint are

                 JOHN BUTTON, of Topcroft, in the County of Norfolk
                And
                 SAMUEL ROBINSON, of Mutford  (can’t read this word), Beccles, in the county of Suffolk

 SAM^L F BILTON

NotNote  – This Bill is filed by Henry Richard Sylvester of 18, Great Dover Street, Newington, Surrey, Solicitor for the above named plaintiffs.