Chancery Depositions (PRO C8/285/57 Jn Jacob v Thos Eaglesfield)

1682 (1682)

document 16901150

(date torn) deposition by sir Jn Jacob minor under the age of 21yr son and heir of sir J Jacob his father deceased son and heir of Jn Jacob knight his father also deceased by the right honourable Wm lord Allington next friend and guardian show that by indenture made 26.4.16Chas1 between his grandfather knight dame Eliz his wife his son Jn Jacob and Robt Jacob of Bromley esq in Middlesex brother of the grandfather on the one part and himself Wm lord Allington Eliz lady Allington sir Lyonel Talmach of Hellington in Suffolk baronet and sir Thos Leventhorpe baronet on the other part in consideration of a marriage then intended and after solemnized between sir Jn Jacob the son and dame Kath Jacob sister to him Wm lord Allington for the sum of 4000li which was dame Kath's marriage portion a jointure was to be made for her if she outlived her husband that grandfather and grandmother sir Jn and lady Eliz Jacob and son Jn Jacob should before the end of trinity term ensuing by one or more fines have all the lands hereafter mentioned of Jn Jacob the grandfather Robt Jacob and Jn Jacob the sons amongst others was the manor of Stanstead Hall plus appurtenances in Stanstead Halsted Stisted Earls Colne and Colne Engaine and Stansted Hall all the messuage the Great or Old Lodge in Earls Colne and the messuage the Little Lodge and Hungry Hall and Kilne Farm all in Earls Colne and Dungeons and Bullock Wood and Hodges and Stansted or Halsted Lodge in Halsted it was covenanted that all the above would go to Allington's after the marriage to the use of Jn Jacob esq for life and after to his wife Kath for her jointure in lieu of her dower and thirds the marriage took place and a son was born and sir Jn Jacob the father died in .4.1674 dame Kath became entitled to all the premises and enjoyed the same on 28.5.1675 she too died and by the terms of the settlement any daughters of the marriage were to have for a period of five hundred years the use of the money towards portions and if there were no daughters the executors lord and lady Allington were to have it for the m ale issue of sir Jn Jacob they had no daughters whereby the estate goes to the son sir Jn Jacob Wm lord Allington dame Eliz being dead has the actual possession on behalf of sir Jn Jacob and one Lyonel Eaglesfield of Bowe gentleman having in hilary term in 23Chas1 obtained a judgement against the grandfather sir Jn Jacob for a debt of 2000li and 13li costs of suit he on a writ of elegit bearing date 12.2.1652 directed to the sheriff of Essex had an inquisition sped there the 8.5.1652 whereby sir Jn Jacob the father was found seised of several manors in Essex several of which he had sold for valuable considerations before the judgement prevailed but Lyonel Eaglesfield prevailed with the sheriff to set out of the estate for his moiety of the manor of Stansted and mansion house and Halsted Lodge Dungeons Farm William Bullock Wood the wood called Bullock Wood two farms Hodges and Marshes and Little Lodge plus lands this left sir Jn Jacob junior three farms and he also prevailed with the then sheriff to have them all found for only 76li per annum though they were let for 380li per annum the sheriff delivered to Lyonel Eaglesfield moiety to hold as freehold until the 2000li and 13li debts were paid Lyonel in 1652 trinity term obtained judgement in ejectment and in .8.1652 had the actual possession given him by the sheriff of all the lands got the rents for many years and on a commission of bankrupt taken out by Lyonel Eaglesfield and other creditors of sir Jn Nulls one of the farmers of the customs and one of the co-obligees with sir Jn Jacob Lyonel out of the dividend of the estate of sir Jn Null that the said commission of bankrupt had seized and sold he received 244li11s6d and also 500li more was paid by the farmers of the customs so profits of the estate which he continued to hold fully satisfied his debt with a great overplus in his Lyonel Eaglesfield's lifetime he died and made his will making his brother Thos his executor who knows by the papers and books and other information that the debt is fully paid but pretends not and finding the judgement and inquisition against Jacob he in michaelmas term 1676 brought an ejectment to recover the premises on which trial was had at common pleas court and the judgement was non suit and he had to pay Allington 70li costs he Thos Eaglesfield is now waiting until all the witnesses of the previous case w ho are all old are dead before bringing another ejectment order if the witnesses die the estate of Jn Jacob's may find themselves liable to give up the premises as they have no other proof so that Thos Eaglesfield may show what the debts still are by writings of Lyonel's he be subpoenaed to attend