Source:England. Marshall v Marshall, 1716

Short title: Marshall v. Marshall

Document type: Bill only

Plaintiffs:

• Nicholas Marshall, yeoman of Copthall, Luton, Bedfordshire; and

• George Marshall (one of his sons).

Defendants:

• Matthew Marshall; and

• Josiah Marshall.

Date of bill (or first document): 1716

2013 Transcript (expanding abbreviations, emboldening names and adding line breaks for clarity - transcription notes in square brackets and italics.)

22d Oct 1716

To the Right honourable William Lord Cowper Baron of Wingham Lord High Chancellor of Great Brittain

Humbly Complaining Sheweth Unto Your Lordshipp Your orator Nicholas Marshall of Copthall in the parish of Luton in the County of Bedford Yeoman and George Marshall one of the sons of said Nicholas Marshall

That John Hobbs the Elder being possessed of a Considerable personall Estate made his will Bearing Date the Twelfth Day of June one Thousand Seven hundred & five And thereby Bequeathed to John Marshall one of the Sonns of your orator Nicholas Marshall & Brother of your orator George Marshall A Legacy of one hundred & twenty pounds & Did also give to James Marshall Another of Your said orator Nicholas Marshalls Sons A Legacy of Eighty pounds And Did also Give to Severall of Your orators other Sonns Severall other Legacies All which were by Such Will to be paid them respectively Within Six Months next after the Decease of the Testators Daughter Susan Marshall at the respective Attaining to the age of one & Twenty years And the Testator Declared his will to be that if any of the said persons to whome he had Given Such Legacies Should Dye before their respective Legacies became payable without Issue the Legacy of Such person soe dyeing Should be paid among the Survivors Share & Share alike And of Such will the Testator did Constitute his Sonn John Hobbs Executor And Sometime after the publishing of Such will Dyed

And the said John Marshall Dyeing before his Said Legacy became payable the Said James Marshall became Intitled to a Share of the Said Legacy of one hundred & Twenty pounds in portion with the other Legatees

& for A Satifacion thereof as also of the Legacy of Eighty pounds Given to him the said James He the Said James Marshall together with Severall other of the Legatees in the Said Will named Brought A Bill in this Honourable Court against The Said John Hobbs the younger their said Testators Executor

And Your orator Further Shew that the affaires of the said James Marshall requiring him to Leave this Kingdom he before his Departure Did Duely Execute A Letter of Attorney Whereby he Impowered Josiah Marshall one other of Your orator Nicholas Marshall Sonns to receive what money Should appeare to be Due to him the said James Marshall by virtue of the same which was to be made in the said Cause

And Your orator further Shew the the said James Marshall wanting Money to Supply his occasions did prevail on your orator Nicholas Marshall to Lend & advance for him Severall Sumes of Money Amounting in the whole to the Sum of Sixty Nine pounds & Six Shillings and did in like manner prevail with your orator George Marshall to lend & advance to him the sume of fifteen pounds which said sums of money so advanced by your orators to the said James Marshall he the said James agreed should be repayed out of the money which should become due to him by virtue of the will of the said John Hobbs & the Decree which was to be had in the said Cause And did give Direction to the said Josiah Marshall to pay the Same accordingly & he the said Josiah Did in the presence & by the Consent order & direction of the said James Marshall promise & Agree so to do

And your orator further shew that the said Cause Comeing on to be heard on the twenty ninth day of June in the twelfth yeare of the reigne of the Late Queen Anne the Court declared that the Legacy of Eighty pounds Given by the said will to the said James Marshall & the share of the said James of the said John Marshalls Legacy ought to be paid to the said Josiah Marshall by Virtue of the said Letter of Attorney And did Decree the Same accordingly As by the said decree remaineing as of Record in this honourable Court relation being thereunto had it doth & may appeare

And by virtue of the said decree & the said Letter of Attorney the said Josiah Marshall Did on about the [blank] Day of [blank] Anno Domini one Thousand Seven hundred & thirteen actually receive of the said John Hobbs the Executor the Summ of one hundred & twenty pounds or thereabouts in Satisfaction of the money due to him the said James Marshall by the will of the said Testator John Hobbs the Elder & the Decree founded thereupon

And your orators well hoped that the said Josiah Marshall who was privy to the agreement So made between your orators & the said James Marshall herein before Sett forth & had received Such order & Direction & Made Such promise as aforesaid Would have readily paid Your orators the money So by them Lent to & advanced for the benefit of the said James Marshall as aforsaid as in Justice & Equity he ought to do

But now So it is May it please your Lordshipp that the said Josiah Marshall Combineing & Confederating With Matthew Marshall Another of the Sonns of your orator Nicholas Marshall & Brother of you orator George Marshall & with Divers other persons Unknown to your orators Whose names when discovered Your orators prays may be Inserted in this Bill & they made parties thereof to with apt words to Charge them how to Defeat & Defraud Your orators of the said Sumes So lent to or advanced for the Benefitt of the said James Marshall the said Matthew Marshall Does pretend that the said James Marshall Did make & publish his Last Will & Testament in the presence of Sevrall Credible Witnesses who Did in Due forme of Law Subscribe their Names as Witnesses to Such Will & that the said James Marshall Did Constitute him the said Matthew Marshall Sole Executor of Such Will & that Some time after the makeing & publishing Such will the said James Marshall Dyed without revoaking or Altering Such will & that he the said Matthew hath Duely proved Such Will in the proper Ecclesiasticall Court But in what Court he hath So proved the Same or the Contents of Such Will & Who were witnesses to the Same & When Such witnesses or any of them Subscribed their Names as Witnesses thereto or at what place the Same was So Subscribed the said Confederated Do Utterly refuse to Discover or Sett forth

whereas Your orators Doe Charge That if the said James Marshall be really Dead he Dyed Intestate & never Duely made or published Such Will Howbeit if Such Will was really by him made & Duely published Your orators Notwithstanding ought to have & receive from the said Josiah Marshall the money so lent to & advanced for the said James Marshall out of Money So received by the said Josiah by virtue of the said Letter of Attorney according to the said agreement

But to prevent Your orators receiveing the Same the said Josiah Marshall Doth sometimes pretend that he hath paid all the money he received on the account of the said James Marshall by virtue of the said Letter of Attorney & Decree to the said Matthew Marshall And yett at other times he Confesses that he hath not paid the Same But pretends that the said Matthew Marshall has actually Sued him the said Josiah Marshall for the Same And hath obtained a Judgement at Law for the Same & that if he the said Josiah Shall pay the said Money So Justly Due to your orators as aforesaid He the said Matthew will Compell him to pay the Same over again to him the said Matthew Marshall who Further pretends that the said James Marshall was Indebted to him the said Matthew in a Considerable Sum of Money which he the said Matthew Did actually Lend or advance to him the said James Marshall to Evidence or Make out Such his pretended Demand he Utterly refuses to Discover or Sett forth

& at other Times the said Matthew Marshall pretended that the said James Marshall was at the time of his Death indebted to Sevrall persons on Bond or bonds or other Security which Debts being of a higher notice than the Debt So Due to your orators ought by the Course of administration to have a preferrance & that the moneys which are really Due on Such Securities Doe amount to more than the money So received by the said Josiah Marshall by virtue of the said Lettere of Attorney & Decree & All other the Assetts or Effects of the said James Marshall which have Come to the Knowledge or power of him the said Matthew Marshall Do amount unto But the said Matthew Marshall Doth utterly refuse to Discover the particulars of Such Debts So presented to be Due from the said James Marshall as aforesaid or when or to whome Due or how secured

nor hath he ever Exhibited any Inventory of the personall Estate of the said James Marshall into any Court whatsoever or if any hath been Exhibited many things are omitted out of the Same & what is therein Contained is verry much Undervalued & he Utterly refused to Discover a Full true & particular Account of All & Singular the Goods & Chattles Effects & personall Estate of the said James Marshall which at any time or times have or hath Come to the hands Custody Knowledge or power of him the Said Matthew which the particular values thereof & of Every part thereof & when how to whome & for what he hath paid applyed or in any other manner & how Disposed of the Same

All which actings & doings of the said Confederates tend to the Great Wrong Injury & oppression of Your Orators In Tender Consideration whereof and for as much as Your orators are remedless in the premises at & by the Strikt Rules of the Comon Law Your orators Witnesses who Could prove the Truth of All & Singular the premises being either Dead or gone beyond the Seas into parts remote & Unknown to your orators who are therefore properly releivable in this honourable Court before Your Lordshipp

To the End therefore that the said Confederates may full true Direct & perfect Answer make not only as to their Knowledge But Also as to their beliefe Concerning All & Singular the premises as particularly as if the same were herein again particularly repeated & Interrogated & in particular Whether Your orators [i.e. now referring to Josiah and Matthew] or either & which of them Did at any time & when Lend or advance to the said James Marshall any & what Sume or Sumes of money & whether he agreed to repay the Same or any & what part thereof by or out of Such money as as should be comeing Due to him the said James by virtue of the said Decree or howotherwise he agreed to repay the same or any & what parts thereof whether he the said Josiah Marshall Did receive any & what Sume of money of the said John Hobbs the Executor for the use of the said James Marshall in pursuance of Such Decree & whether he hath paid Your orators [i.e. Josiah and Matthew] or either & which of them any part of the money So by him received And why he refuseth to pay what is Justly Due to Your orators [i.e. Nicholas and George] according to the said agreement Whether the said James Marshall Did at any time & When make his Last Will & Testament in writing & in Whose presence & When he published the Same & Whether any person or persons & who Did at any time & when Subscribe his or their Name or Names as witness or Witnesses to the publishing of Such will & where the said James Marshall was when they So Subscribed the Same Whether the said Matthew Marshall hath proved the said pretended Will & When & in what Court he hath proved the Same And if Such pretended Will be Duely proved that the said Matthew Marshall may Sett forth a Full & perfect Inventory & account of All & Every the Goods Chattels Effects & personall Estate Which the said James Marshall or any other person or persons in trust for him was or were possessed of Interested in or Intytled to at the time of the Death of the said James Marshall which the Full & utmost values thereof & of every part thereof & how & to whome & when & for what the Same & Every part thereof hath been Disposed or applyed And also a particular account of All & Every Sume & Sumes of money which was or were Due & owing to or from the said James Marshall & from whome or to whome Due & how Secured and of All & Every Sume & Sumes of money paid upon account of the said James Marshall or his Estate

And that Your Orators may have Such reliefe upon the whole Circumstances of the Case as Shall be agreeable to Equity & Good Conscience.

May it please your Lordshipp to grant unto your Orators his Majestyes most gracious Writt or writts of subpoena to be directed to the said Matthew Marshall and Josiah Marshall thereby commanding them and every of them att a certain Day and under A certaine penatly therein to be Limitted personally to be and appeare before your Lordshipp in this high and honourable Court of Chancery then and there upon theire severall and respective Corporall oaths true and perfect answer make to all and singular the premisses and further to stand to and abide such further order and Decree therein as to your Lordshipp Shall deem meet and your orators shall ever pray &c.

Thomas Edwards