D'Aranda v Harridge 1829

4th December 1829 [signed]Utterson

In Chancery

[Note at left] Sworn at the Public Office | 
Southampton Buildings |
This third day of December |
1829 Before me [signed] J.S. Harvey |

The Answer of Theresa Jones Ford Widow one of the Defendants to the Bill of Complaint of William D’Aranda and Elizabeth his | Wife and Susannah Harridge, Eliza Harridge, Thomas Harridge, Mary Harridge, Henry Harridge Carter, James Caldwell Carter, Emma Carter, Mary | Carter, Crispe Harridge Carter, Eliza Charlotte Carter, William Bacon Carter, Alleyne David Carter, Charlotte Kennett, Sophia Kennett, Eliza Kennett, | Henrietta Kennett, Thomas Henry Kennett, Richard Kennett Mary Ann Kennett, John Carter Kennett, Matilda Kennett, Robert Kennett, Arthur | Kennett, William Staines Kennett, Theresa Ford, Sophia Ford, Emma Ford, Harriett Ford, Frederick Ford, Mary Ann Ford, William D’Aranda Ford and | Susannah Ford all Infants under the age of twenty one years by the said William | D’Aranda their Uncle and next Friend Complainants. |

This Defendant saving and reserving to herself now and at all times hereafter all and all manner of benefit and advantage of exception or otherwise which can or may be held or | taken to the many errors uncertainties and other imperfections in the said Complainants said Bill of Complaint contained for answer thereunto or unto so much and such parts thereof as she this Defendant | is advised it is in any wise material or necessary for her to make answer unto says she admits it to be true that Thomas Harridge the testator in the said Bill named was at the time of making his | Will and thenceforth to the time of his death seized or well entitled in fee simple to him and his heirs of or to the several freehold estates in the said Bill in that behalf mentioned but this Defendant | says she does not know and is not able to set forth as to her belief or otherwise whether the said Testator was or was not seized or entitled of or to any other real Estates than such as are therein mentioned | And this Defendant says she admits it to be true that the said testator was also at the time of his death possessed of or entitled unto personal estate and effects to a considerable amount in value | consisting of such particulars as are in the said Bill in that behalf mentioned but to what amount or value in the whole he was so possessed this Defendant says she doth not know and is not | able to set forth as to her belief or otherwise And this Defendant says she admits it to be true that he was in particular possessed of the sum of Nine thousand Five hundred and Forty Pounds new | Four per Centum Bank annuities in the said bill mentioned but this Defendant says she hath been informed and believes that the said Bank annuities and stocks or funds are now | standing in the name of the said testator in the Bank of the Governor and Company of the Bank of England And this Defendant further answering says she admits it to be true that the | said Testator being so seized or possessed or entitled as aforesaid and being of sound and disposing mind memory and understanding made and duly signed and published his last Will and | testament in writing and that the same was duly executed by him and attested as by law is required for devising real estates of Inheritance and was of such date and to such purpose and | effect as in the said Bill in that behalf mentioned so far as the same is therein set forth but for greater certainty this Defendant craves leave to refer thereto as to the probate Copy thereof when the | same shall be produced to this Honorable Court And this Defendant says she/ admits it to be true that the said testator made and signed a Codicil to his said Will and that the same was of such date and to | such purport or effect as is/ in the said Bill in that behalf mentioned so far as the same is therein set forth And this Defendant further answering says she admits it to be true that the said testator | departed this life on or about the ninth day of June One thousand eight hundred and Twenty seven without having revoked or altered his said Will further than the same is affected by his said Codicil and | without having revoked or altered his said Codicil and that he left David Harridge one of the Defendants in the said Bill named his Heir at law and the several Complainants and Defendants therein | also in that behalf named respectively him surviving And this Defendant says she believes it to be true that the said Defendants Sir John Head Samuel Hunt Russell and Samuel Clayton soon after | the said testators death all proved the said testators said Will and Codicil in the proper Ecclesiastical Court and that they have since received the personal Estate and Effects of the said testator to a very | large amount in the whole and as this Defendant believes to an amount much more than sufficient to pay and discharge all his funeral and testamentary expences debts and legacies And this Defendant | saith she hath been informed and believes that the said Defendant Samuel Clayton did in the life time of the said testator and under or by virtue of some or authority receive the Dividends of some | Government securities of or belonging to the said testator and that he accounted with the said testator for such Dividends And this Defendant further answering says she believes that the said Defendants Sir | John Head Samuel Hunt Russell and Samuel Clayton have since the death of the said testator caused all his real Estates to be sold and have received the purchase monies arising from such sale and have | also received the rents and profits of the said testators real estates which have become due since his death to a large amount And this Defendant says she denies it to be true to the best of her belief that the | said Defendants Sir John Head Samuel Hunt Russell and Samuel Clayton have misconducted themselves in the execution of the trusts of the said testators will or have wasted and misapplied his | estate and effects but this Defendant says she admits it to be true that under the circumstances hereinafter mentioned the said Defendants Sir John Head Samuel Hunt Russell and Samuel Clayton did shortly | after the death of the said testator give away or dispose of all or the greater part of the trinkets watches pictures books and medals of or belonging to the said testator And this Defendant says that a General | meeting of the family and relatives of the said testator at Rayleigh in the County of Essex certain of the above named articles belonging to the said testator were divided and distributed amongst his said relatives | and that the said Complainants William D’aranda and Elizabeth his Wife were present at such distribution and received an equal share of the said articles with the other persons standing in like degree | to the Testator and did not as this Defendant believes express any dissatisfaction at such distribution but on the contrary were parties thereto And this Defendant further answering says that she hath never | been applied to join the said Complainants in this Suit but she says that if she had been she should have refused inasmuch as this Defendant says she considers the same to be unnecessary and vexatious | And this Defendant denies all and all manner of unlawful Combination and Confederacy wherewith she is by the said Bill charged without that there is any other matter cause or thing in the | Complainants said Bill of Complaint contained material or necessary for this Defendant to make answer unto and not herein and hereby well and sufficiently answered confessed and avoided traversed or | denied is true to the knowledge or belief of this Defendant all which matters and things this Defendant is ready and willing to aver maintain and prove as this Honorable Court shall direct and hereby | prays to be hence dismissed with her reasonable Costs and charges in this behalf most wrongfully sustained. 

[signed bottom right] Edward Ballensis |

[signed bottom centre] Theresa Jones Ford

[signature bottom left] Milne | loco Wainewright
[bottom centre] 13 J/27 Or and by Mr Tarton to Mr Vesey