Chancery Depositions (PRO C5/537/46 Robt and Margt Pennock v Wm Adams senior and junior)

17.7.1682 (Monday 17 July 1682)

document 16901447

Robt Pennock of Earls Colne in Essex and wife Margt orator says that Wm Adams late of Earls Colne deceased being in his lifetime and at the time of his death possessed of a considerable personal estate in plate jewels rings household goods bills bonds mortgages leases and other securities from monies taken for them amounting to 200li and upwards and they further show that Wm Adams being so possessed did about 18.5.1666 die and having first made his last will in writing and thereof Wm Adams senior his son and Wm Adams junior his grandchild his executors and in and by his last will amongst other things Wm Adams the testator did give to Eliz his wife deceased two half headed bedsteads two featherbeds three feather bolsters one pillow three blankets two coverlets three mats and all his sheets and a dansk chest a table a trammel a cobiron a little brazen candlestick two pewter dishes two kettles a little spit a fire pan a hayre cupboard two chairs a buffet stool and all the firewood that was in his yard at the time of his death and a beer barrel and Wm Adams the testator did by his last will declare that it was his last will that presently after the death of Eliz his wife all the before mentioned goods should be equally parted and divided between every one of his children by his executors and Wm Adams the testator did further by his will give to your oratrix Margt 3li and his danske to be paid and delivered to her within three years after the decease of Eliz his wife by his executors and after the death of Wm Adams the testator Wm Adams senior and Wm Adams junior or one of them proved the will in due form of law and took upon the burden and execution thereof or they or one of them have possessed him or themselves of all the personal estate of the testator to the value aforesaid and further he shows that since the death of Eliz the wife of the testator your orator by virtue of his intermarriage with Margt one of the daughters of the testator was entitled in the right of his wife as well to a dividend of the goods bequeathed by the last will of the testator to Eliz his wife and after her death to be divided equally between his children and also to the 3li legacy and the danske chest bequeathed to Margt by the testator's last will but now Wm Adams senior and Wm Adams junior by combination together and designing to defeat and defraud the orators both of the dividend of the goods and the 3li legacy and the danske chest bequeathed to Margt do give out in speeches that Wm Adams died possessed of a very small personal estate not sufficient to pay his debts whereas in truth if the testator was in his lifetime indebted to any person or persons the same was very small and inconsiderable and the greatest part thereof was paid by him in his lifetime and the confederates paid little or nothing in discharge of such debts but the confederates to add to their unjust practices have set up fraudulent debts which they suppose to be the debts of the testator and the better to colour their design do demand interest as supposed to be paid by them for the same the confederates by their combination or one of them or some other person or persons with their or one of their knowledge privity and consent and for their use have altered and changed several securities for money taken in the name of Wm Adams testator or in the names of some other person or persons in trust for him and have received the monies thereupon due and have delivered up the old securities taken in the name of the testator or in the name or names of some other persons in trust for him and have taken new securities for the same in their or one of their names or in the name of some other person in trust for them or one of them all which doings of the confederates are contrary to all equity and right and good conscience and tend to the manifest wrong and damage of the orators in consideration whereof and because they are remedy less at common law for that the orator cannot discover the frauds and practices of the confederates and that the witnesses who could prove the truth are dead or in parts remote and beyond the seas asks that the confederates should answer and in particular set forth in what personal estate the testator died possessed of and wherein consisting and the particulars and true values thereof and m ay likewise set forth what debts they or either of them have paid for the testator after his death and may set forth what securities for monies belonging to the estate of the testator they or one of them or any other person whatsoever with their knowledge privity or consent have altered changed and may set forth how and in what manner they have altered and changed the same and may show cause if they can why they should not deliver to the orator the goods in specie and the 3li legacy and the danske chest bequeathed to Margt asks for writ of subpoena against Wm Adams senior and Wm Adams junior to appear