Chancery Depositions (PRO C24/244 pt 2 depositions: Geo Harlakenden v Thos Joscelin)

23.5.37Eliz1 (Friday 23 May 1595)

document 17500633

three to the third this deponent saith that he knoweth that Jane Kelton late wife of the said Rich Kelton was administratrix of the goods and chattels of the said Rich and this he knoweth for that one Jn Joscelin gentleman brother unto the said Jane going about to obtain and get the administration of the said goods and chattels in the said Jane name alone could not have it so to her granted for that the interest of the full third part of all and singular the goods and chattels and debts of the said Rich were in his lifetime being in perfect memory by him given and granted to this deponent and Jane his sister after which time this deponent upon the especial trust and confidence he reposed in the upright and just dealings of the said Jane did himself obtain in the said Jane name only the said administration nevertheless under this condition that the said Jane should equally and justly deliver and assure unto the said deponent and Jane his sister the full third part of all the said goods and chattels and debts of the said Rich for performance whereof there was by Hen Joscelin esq brother to the said Jane and other friends indifferently chosen by both parties and allotment and proportion thereof set down and agreed upon by both parties and for more indifferency and better performance of the said agreement there was in trust only and by consent of both parties delivered by this deponent into her hands and custody of the said Hen Joscelin not only the said writing of the said advowson but also a lease the site and demesne of Colne Priory before that granted from the said earl of Oxford to Rich Kelton and divers other goods and things upon mere trust to keep to the use of both parties and not otherwise which lease for divers good and necessary causes agreed upon by the said Jane Kelton the elder and this deponent and Jane Kelton his sister was in trust assigned and set over to one Jeff Gates of Lincolns Inn gentleman cousin german to the said Jane Kelton not withstanding which assignment the said lease remained in the hands and custody of the said Hen Joscelin of purpose to be kept in safety and security for both parties and this this deponent knoweth for that he and the said Jane his sister had interest to the third part of the said advowson who of their said third part never gave any assurance or release by writing or otherwise to any person thereof but held the same to his own and his said sister's benefit and hath to sundry persons made offer of sale of the said advowson and that if there were any assignment made of the said advowson by the said Jane unto the said Hen he this deponent verily thinketh and is persuaded the same is but of mere trust for that they both knew she had interest as she had to all the residue of the goods and chattels of the said Rich her husband but unto two parts only of the said advowson and that there was not any intention in the said Jane to defraud him and his said sister of their said third parts thereof nor that the said Hen would give consent in any other sort being a man of good and conscionable condition and carriage towards all men considering the trust reposed by this deponent in the said Hen for safety of his interest therein the contrary whereof in his lifetime he never uttered or showed to this deponent or any other to his knowledge