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

7.11.1682 (Tuesday 7 November 1682)

document 17000005

the joint answers of Wm Adams the elder and Wm Adams the younger to the bill of complaint they jointly and severally answer and say that Wm Adams in the bill died in 1666 on or about .9.1666 and not may as in the bill and these defendants say that they have heard and do believe that Wm Adams deceased on or about .5.1666 did make his will in writing and thereof did make them executors and by the will did give unto the complainant Margt 3li and his danske chest to be delivered unto her within three years after the decease of Eliz but these defendants deny that they or either of them proved the last will or any other last will of the deceased or took upon the burden or execution thereof because they say that Wm Adams deceased revoked and cancelled his will and they believe he died intestate and they say that the complainant Margt is one of the children of the deceased and that they humbly conceive that the complainants are not entitled to the 3li and the chest or the division of the goods of the will given to Eliz because the last will was revoked and cancelled and they deny that they danske chest or the goods mentioned to be devised to Eliz Adams or of them or any of the goods or chattels debts or credits of the deceased came to either of their hands custody or possession or was in the hands or possession of any other person in trust for either of them or to or with either of their knowledge or privity or consent except the goods and chattels hereinafter mentioned although the pretended will the defendant Wm Adams the elder being one of the children of the deceased ought to have had his dividend of the goods devise as is pretended to Eliz but these defendants do believe that the chest and goods alleged to be given to Eliz after her decease are since her decease come to possession of the complainants and of Jn Layer who married another of the children of the deceased Wm Adams and Wm Adams the elder says that Wm Adams deceased his late father after the pretended will did by his deed poll dated 23.9.1666 grant bargain and sell unto Wm Adams the elder the goods and chattels hereinafter mentioned that is to say his great cupboard his long table jointed stools a brass chafing dish a great spit a pair of iron tracks a dripping pan a cobiron a great chair his great bible one great cupboard standing in the chamber over the shop one chest two tables one joined bedstead a joined stool a whatsoever was in the chest his biggest joined bedstead with a table a danske chest his best chair his best cupboard in the buttery a great brass basin an old table a barrel and the hutch in the shop upon several conditions in the deed and amongst other conditions was to pay his debts and to be at the charge of his burial as in and by the said deed which he the defendant is ready to produce in court and which for more certainty he refers himself to and Wm Adams the elder says that after the death of his father who died soon after the making of the deed which was written in his own proper hand the defendant had all the goods except one or two of them being of small value appraised by Jn Fletcher Rich Appleton and Solomon Stevens who appraised them to be worth 5li10s6d and no more and the defendant believes the goods were by them appraised at the full and utmost value and he says that by virtue of the debts of Wm Adams deceased to several persons hereafter named as following that is to say to Eliz Warren 8d to Rich Hatch butcher 5s to Robt Potter 10s6d to Wm Harlakenden for wood 20s to Edw Abbott for cloth 1li16s to Robt Wade for malt 4s8d to Giles Crow for the lords rent 20s to Frances Smith for bread 6s3d to Wm Read 2s6d to Mary Brand a debt upon bond 6li6s besides several sums to the kindred of the deceased upon his direction so that the defendant has paid much more for the debts and funerals than the goods he received did amount to and he conceives it to be very hard unjust and unreasonable of the complainants to give him further trouble when he has paid so much already out of his own purse and these defendants do deny any unjust confederacy and combination and that there were any debts or securities for money owing to Wm Adams deceased or at the time of his death to their knowledge or that they or either of them have changed or altered any such debts or securities without that any other matter or thing etc Wm Adams Wm Adams taken at Earls Colne 7.11.1682 before Geo Toller and Rich Caplyn