Chancery Depositions (PRO C8/298/15 Abbott v Clarke case)

16.1.36Chas2 (Friday 16 January 1685)

document 17000527

answer of Mary Clark widow one of the defendants in the bill of complaint of Hen Abbott and Abigail his wife she says she believes it to be true that the complainant Hen Abbott is seised in right of the complainant Abigail his wife in divers messuages lands tenements etc which descended to Abigail from Joseph Park her late brother and from her grandfather and from Jn Park her late father and she believes it to be true that the complainant is heir to her said father and brother who died about five years since after whose death Abigail took the rents and profits of all the messuages and lands to herself and they were not taken by this defendant except such part of them as lie in Much Tey wherein she this defendant had and still has an estate and she says it is that when Abigail had attained her age of twenty one years she did release to this defendant a debt of 200li for which Peregrine Clark her father in law and late husband had given bond and likewise release to this defendant all other demands that were between them for which release as this defendant doubts not but to prove there was good and sufficient consideration besides her duty and affection pretended by the bill to induce Abigail to give it but she denies that there was the sum of 500li or anything near such sum released or that there was a legacy of 200li or any other legacy released other that what was included or had been secured by the bond given by Peregrine Clark her late husband and she says she had a box in her custody wherein she believes are divers deeds writings evidences concerning the lands messuages and tenements which box was left by Abigail to be kept by her and the box is still in her custody locked as it was when it first came to her hands she never having had the key thereof since but she says that soon after the complainants were married she did proffer to deliver the box and all the writings therein which should appear to concern the estate of the complainant so that it might be opened in the presence of the complainants and so that what writings that might be found there to concern her she might be permitted to take and denies that ever she broke open the box as in the bill is untruly charged but that it continued locked as it was when it came first into her possession and she believes that the complainants or one of them have now and ever since had the key of the box and she further says that when the marriage was in treaty between the complainants Abigail expressed herself to be very desirous of having her estate both freehold and copyhold so settled as she might have power to dispose of the same after her marriage with the complainant Hen and she believes that the complainant advised with counsel for to have conveyances made for such a purpose and she believes that according to such advice Abigail did grant and convey unto Simon Dove gentleman and his heirs all her freehold lands messuages tenements and hereditaments whatsoever in Suffolk and Essex and all her tithes and portions of tithes growing and remaining in Linsleye alias Littles Ley in Suffolk to the complainant for and during her life and after to the use of the first son of the body of Abigail and to his heirs the remainder in tail to every other son successively and for want of such issue to the daughter and if she should die without issue then the remainder of all the messuages and premises in Hitcham in Suffolk was limited to the use of her sister Eliz Clark and heirs and the lands in Linsley in Suffolk and the tithes and tenements and orchard in Kersey in Suffolk mentioned to be in the occupation of Robt Becon was limited to the use of her sister Mary Clark and heirs and the remainder of the premises in Kersey in the occupation of Thos Page gentleman and all that part of the premises lying and being in Butleigh in Suffolk and in Taine or Tey in Essex limited to the use of Martha Clark another sister of Abigail and her heirs and by an indenture of lease and release bearing date the 23.10.1683 and 24.10.1683 mentioned to be made between Abigail on the one part and Simon Dove to the other part as more at large appear which deeds she has in her custody and is ready to produce and deliver to the complainant if the court shall order and to which deeds for more certainty she reserveth herself and she says that in the indenture of release there is a proviso or power of revocation reserved to Abigail at any time either before or after her marriage to revoke all or any of the uses in any writing under her hand and seal in the presence of two or more credible witnesses and to limit the uses as the complainant Abigail should think fit as by the indenture of release to which more plainly she reserves herself and she believes that Abigail to show that she might have like powers to dispose of her copyhold estate did sometime before her marriage to the complainant Hen make several surrenders into the hands of the lords of the manor of Linsey alias Littlesley and likewise into the hands of the lords of the manor of Kersey and also into the hands of the several lords of the manors of Hitcham Kettleborough and Littlesley Sampsons Hall in Suffolk and into the hands of the lord of the manor of Tey Magna in Essex all her copyhold lands and tenements held of the respective manors unto such person or persons and of such estate and in sort as Abigail by writing under her hand and seal in the presence of two or more credible witnesses should limit and declare and for want of such declaration to the use of the right heirs of Abigail as by the several surrenders made by the complainant Abigail some of which as she believes have been presented at the respective courts of the manors as may appear and to which she reserveth herself and she further says she had another writing in her custody bearing date the 6.11.1683 purporting to be signed and sealed and as she believes was signed and sealed by Abigail in the presence of Simon Dove and two other witnesses whereby Abigail with the power she had in the before mentioned surrender did by the said just mentioned writing limit and declare the use of the copyhold premises to herself for life and afterwards to her first child and his heirs and in case she should die without heirs she declared and limited the use of several parts of the copyhold premises to several uses of her four sisters Frances Eliz Mary and Martha and their heirs being the daughters of the defendant by her husband Peregrine Clark and she says that in the last mentioned writing there was a power of revocation reserved to Abigail to revoke or alter any of the uses and to limit them by writing made under her hand and seal in the presence of two or more credible witnesses as by writing ready to be produced and which for more certainty she reserves herself she further says that she believes that sometime after the marriage Abigail did about the month of .7.last make another writing under her hand and seal whereby she limited the use of the copyhold premises to herself during her life and after to the use of Jn Gooding of Gestonthorp clerk and heirs upon several trusts mentioned that is to say in trust for the child she should have and in case such child should marry or live to the age of twenty one years then in trust for the right heir of the child but in case she should die or any child or child that she should have die unmarried under twenty one years then she limited the trust to her sisters abovesaid this last mentioned deed is not in the defendant's custody when the same shall be produced she reserves herself and she further says that she believes and doubts not to prove that the complainant Hen Abbott was acquainted before his marriage with Abigail that she had made these surrenders of all freehold and copyhold estate to enable her after such time as she should be married to dispose of the same and this defendant denies that she procured Abigail to make the said writings or surrenders or any of them or that she made use of the pretences in the bill mentioned to induce the complainant to make and execute the deeds and writings but Abigail did express herself very desirous that they should be made and consulted with Simon Dove and likewise with counsel divers times in her own person concerning the doing of the same after they were sealed and made she did deliver the writings into the hands of Frances her sister to be kept for her requesting that they might be kept safe and from whom this defendant has lately taken them and is ready to produce and deliver them if this court shall think fit to order and she believes it to be true that there never was any jointure made to Abigail by Hen Abbott his father who notwithstanding that the said Hen has an estate in the right of his wife Abigail to the yearly value of three score and ten pounds (70li) and that there is about 40li a year to come to Abigail after the death of this defendant and she says that she does not know that Abigail did make or execute any other writing or writings whatsoever concerning her estate or any part thereof other than what she has before mentioned excepting a certain deed of grant of 6li yearly rent which Abigail made to this defendant to be issuing out of certain of her lands for and in the life of the defendant which was made in consideration that the defendant should not claim or take her thirds and dower for which as the defendant was advised she was entitled out of the freehold lands tenements and hereditaments of Abigail and which amounts to more than the 6li per annum to which deed dated 11.10.1683 the defendant for more certainty reserves herself and she denies any manner of confederacy and asks to be dismissed