Durnsford-McVeagh

1819_Chancery_Bazett-v-Stevenson

In Chancery – Bazett etc against Stevenson – Order

Lord Chancellor:

Friday the twenty fourth day of December in the sixtieth year of the reign of His Majesty King George the Third, one thousand eight hundred nineteen between RICHARD CAMPBELL BAZETT and DAVID COLVIN (Plaintiffs) and CHARLES CHAPRONIERE, JAMES STEVENSON and FERDINAND MEATH MCVEAGH (Defendants)

Upon opening of the matter this present day unto the Right Honourable the Lord High Chancellor of Great Britain by Mr Bligh of Counsel for the defendant, Ferdinand McVeagh, it was alleged that the plaintiffs filed their bill in this court against the defendants stating among things that Richardson MCVEAGH, late of His Majesty’s Settlement of Calcutta in the East Indies, deceased, being in his lifetime and at his death seized of or well-entitled to some real estate consisting of divers freehold lands, messuages, tenements and hereditaments situate in Calcutta aforesaid and elsewhere abroad in the year one thousand seven hundred and eighty five died intestate and without issue, leaving Amelia MCVEAGH, his widow and Joseph MCVEAGH his brother and heir at Law but who has since deceased him surviving, that upon the death of the said Richardson McVeagh, the said Amelia McVeagh entered into possession of his freehold estates in Calcutta or into the receipt of the rents, profits or produce thereof, and she, the said Amelia McVeagh continued in such possession or receipt until she quitted the said settlement as after mentioned, that the said Amelia McVeagh left the said settlement of Calcutta in the year one thousand seven hundred and eighty seven, and that previously to her departure therefrom, the said Amelia McVeagh did appoint Alexander Colvin, who was then and has ever since continued to be resident in Calcutta aforesaid, Merchant, her attorney or agent to receive the rents, profits and produce of the said intestate’s freehold estates in the said settlement of Calcutta and elsewhere abroad for the use of her, the said Amelia McVeagh, who claims to be entitled to the same by virtue of a certain indenture or deed of settlement made on her marriage with the said intestate that the said Alexander Colvin, as such attorney or agent as aforesaid, received the rents, profits and produce of the said intestate’s freehold estates in Calcutta aforesaid, and has from time to time remitted from Calcutta to the plaintiffs as his agents the said rents, profits and produce which became due up to the time of the death of the said Amelia McVeagh, and that the plaintiffs have passed over and applied the same money to the (administrators) of the said Alexander Colvin to and for the use of the said Amelia McVeagh during her life and to and for the use of her executors after mentioned since her decease; that the said Amelia McVeagh died in the month of January one thousand eight hundred and eight, having, as it is alleged by the said defendants, Charles Chaproniere and James Stevenson, duly made and published her last will and testament, and thereby given and devised all her real estates whatsoever to the said Charles Chaproniere, his heirs and assigns for ever, and thereby appointed him, the said Charles Chaproniere sole executor thereof; that (the defendant Ferdinand Meath McVeagh, the heir at Law of the intestate) in the year one thousand seven hundred and ninety four, having duly duly made his last will and testament bearing date he seventh day of July one thousand seven hundred and ninety four and thereby devised and bequeathed all his freehold estate and effects whatsoever and wheresoever which should remain after payment of his debts and funeral expenses and necessary charges and all his real estate whatsoever whether in England or in Ireland or the East Indies or elsewhere unto and to the use of his executors and their heirs, executors, administrators and assigns forever upon certain trusts as in the said Will mentioned and that the said testator thereby appointed John Clements Esquire, Sir Benjamin Chapman Bt., and James Peter Auriol Esquire, together with such son of the said testator as should first attain his age of twenty five years executors of his will, and he the said defendant Ferdinand Meath McVeagh soon after the said testator’s decease as his eldest son and having attained his age of twenty five years and the other executors named in the said will having renounced probate thereof duly proved the said will in the proper Ecclesiastical Court and undertook the executorship and execution of the trusts thereof; that the said Charles Chaproniere has lately taken advantage of a certain Act of Parliament lately passed for the relief of insolvent debtors and that by virtue of such Act the said defendant James Stevenson has been duly appointed the sole assignee of the said Charles Chaproniere’s real and personal estates; that since the death of the said Amelia McVeagh, the said Alexander Colvin has continued to receive the rents profits and produce of the said intestate’s estates in Calcutta aforesaid and that the said Alexander Colvin has remitted to the plaintiffs as her agents Ana amount of such rents as have become due since the death of the said Amelia McVeagh the sum of five hundred pounds and that, after making certain deductions set forth in the schedule to the plaintiffs’ bill, there now remains in the hands of the plaintiffs a balance or sum of four hundred and eighty eight pounds and eight shillings to be paid to the person or persons entitled to receive the same, that the said plaintiffs have been at all times willing and offer to pay the said sum of four hundred and forty eight (sic.) pounds in their hands on account of such receipts aforesaid as this court shall direct, but the defendants severally set up claims to the said rents profits and produce of the said intestate’s estate in Calcutta and to the balance in the plaintiffs’ hands as received by them on account thereof as such agents of the said Alexander Colvin as aforesaid and the plaintiffs submit and insist that under the (circumstances) aforesaid they cannot safely part with the monies in their hands on account of the rents profits and profits (sic.) of the said intestate’s estates in Calcutta aforesaid without the indemnity and direction of this court and praying amongst other things that the defendants might severally set forth what right or title they and each of them claim to have in or to the said sum or balance of four hundred and forty eight pounds and eight shillings in the hands of the plaintiffs on account of the rents profits and produce of the said intestate’s freehold estates, and might inter plead and settle and adjust their said claims and demands among themselves, the plaintiffs being ready and willing and they offering to pay the said monies in their hands to such of the said defendants to whom it shall appear of right to belong the plaintiffs being indemnified and paid their costs and that the plaintiffs might be at liberty in the meantime to bring the said monies into this court which they thereby offer to do for the benefit of such of the several parties who might be entitled to the same, that the defendants James Stevenson and Ferdinand Meath McVeagh have put in their answers to the plaintiffs’ bill and the defendant James Stevenson by his answer says he admits that Richardson McVeagh in the bill named was at his death seized or entitled to such real estate as in the said bill mentioned and that in the year one thousand seven hundred and eighty five the said Richardson McVeagh died intestate’s and without issue, leaving Amelia McVeagh in the said bill also named his widow him surviving, and believes that the said Richardson McVeagh left Joseph , in the said bill likewise named his brother and heir at Law and admits that upon the decease of the said Richardson McVeagh, the said Amelia McVeagh who resided in the settlement of Calcutta in the said bill mentioned with her husband at the time of his death entered into the possession of his freehold estates in the said settlement or into the receipt of the rents profits and produce thereof and believes that the said Amelia McVeagh entered into such possession or receipt under and by virtue of the limitations contained in the deed of settlement made on her marriage with the said intestate as after mentioned, (though) the said defendant believes that the said Amelia McVeagh was afterwards persuaded from a suppression of her just rights under the said settlement in consequence of such fraud practiced upon her as after mentioned, to claim a life right and interest in the said intestate’s real estates than she was entitled to claim under the said settlement and believes that the said Amelia McVeagh entered into such possession or receipt of the said intestate’s freehold estates in the said settlement as aforesaid until the time when she quieted the said settlement as (in) the said bill mentioned, and that previously to her departure therefrom, she the said Amelia McVeagh appointed Alexander Colvin in the said bill mentioned her attorney or agent for her and on her behalf to receive the rents profits and produce of the said intestate’s real estates in the said settlement, and generally to act in the management thereof as her agent and says he believes for the reasons after mentioned that the said Amelia McVeagh for some time before her death only claimed to be entitled to the rents profits and produce o f the said intestate’s estates for her life by virtue of the aforesaid deed of settlement, yet the said defendant denies that the said AmeliaMcVeagh was only entitled to a life estate in the said intestate’s estates but on the contrary the said defendant believes and insists and doubts not to be able to prove that by virtue of the said deed of settlement made on the marriage of the said Amelia McVeagh with the said intestate as afore mentioned, and for want of issue of the said marriage as aforesaid, the said Amelia McVeagh upon the decease of her said husband became absolutely entitled to all the said intestate’s real and personal estate and to the rents profits and produce thereof and to no other less estate or interest therein, and believes that as such agreement aforesaid the said Alexander Colvin duly received collected and got in the rents profits and produce of the said intestate’s freehold estates aforesaid and generally acted as the steward or manager thereof on the behalf of the said Amelia McVeagh and believes that the said Alexander Colvin remitted from India all the rents profits and produce of the said freehold estates which become due in respect thereof during the life of the said Amelia McVeagh, and that the same had been duly paid to and applied for the use of the said Amelia McVeagh or to the defendant Charles Chaproniere as the devisee under her will or for his use since the decease of the said Amelia McVeagh and that she or the said Charles Chaproniere received the same from the said plaintiffs up to the time of her death and admits that the said Amelia McVeagh died in the month of January on thousand eight hundred and eight and admits that the said Amelia McVeagh did duly make her last will and testament bearing date the twentieth day of October one thousand eight hundred and seven and that she thereby gave devised and bequeathed all her real and personal estate and effects either in possession, remainder, reversion or expectancy and of what nature or kind soever either in England or at or near Calcutta in the East Indies or elsewhere unto the said Charles Chaproniere to hold to him and his heirs to and for his and their own use and benefit for and that she appointed the said Charles Chaproniere sole executor of her said will or to such effect and says that the said Charles Chaproniere soon after the decease of the said Amelia McVeagh duly proved her said will in the Prerogative Court of Canterbury and the said defendant insists that the said Charles Chaproniere as the sole devise under the aforesaid will of the aforesaid Amelia McVeagh became absolutely entitled to all the real estates of the said intestate in the said settlement and to the rents profits and produce thereof and admits that the said Charles Chaproniere on the thirtieth day of April one thousand eight hundred and sixteen took the benefit of an Act of Parliament passed in the fifty-third year of the reign of this present Majesty entitled “An Act for the Relief of Insolvent Debtors in England” and that by virtue of such Act the said defendant has been appointed and in fact is the sole assignee of the estate and effects of the said Charles Chaproniere and that an indenture of bargain and sale of the real estates of the said Charles Chaproniere and an assignment of his personal estate has been duly executed to the said defendant as such sole assignee as aforesaid under the directions of the aforesaid Act of Parliament and says that as such assigned as aforesaid he claims and insists to be entitled to the freehold estates in the said settlement formerly belonging to the said intestate, and which were devised by the aforesaid will of the said Amelia McVeagh, his widow, to the said Charles Chaproniere as before mentioned and to the rents profits and produce of such estates due and in the hands of the said plaintiffs and to become due in respect thereof and to all other the real and to all the personal estate whatsoever of the said intestate of or to which he was in any manner seized or entitled at the time of his death which passed to the said Charles Chaproniere by the will of the said Amelia McVeagh and says that among the writings belonging to the said Charles Chaproniere at the time of his insolvency which were delivered up to the said defendant as his assignee was an indenture purporting to be a deed of settlement made previously to and in contemplation of the marriage between the said intestate and the said Amelia McVeagh, and such indenture bears date the seventeenth day of December one thousand seven hundred and seventy and is made between and to be only executed by the said Richardson McVeagh of the first part, the said Amelia McVeagh, then Amelia DURNFORD, widow, of the second part, and Stephen Caesar Lemaistre and George Flemmings of the third part, and thereby after reciting the said intended marriage and that the said Amelia McVeagh was seized of an estate tail in possession of and an undivided third part of certain freehold hereditaments in the County of Kent, late the real estate of Charles BROWN, her grandfather and that she was entitled to one sixth part of the personal estate of Charles ROOKE (Roche?) Esquire, her late brother, deceased, it was witnessed that the said Richardson McVeagh and Amelia his wife and did thereby covenant that, in case the said marriage should take effect, they would sell and dispose of the said Amelia McVeagh’s share in the said real estate and that the produce thereof together with her share in the said personal estate should be paid to the said Stephen Caesar Lemaistreand George Flemmings upon the trusts therein mentioned and declared of and concerning the same and in the said indenture is contained a covenant on the part of the said Richardson McVeagh in the words and figures or the purport and effect following, that is to say, and she and the said Richardson McVeagh in commission of the said intended marriage and for making a further provision for the said Amelia Durnford in case she should survive him and her issue does hereby for himself his heirs executors and administrators covenant with the said Stephen Caesar Lemaistre and George Flemmings his executors administrators and assigns that in case the said intended marriage shall take effect and the said Amelia Durnford shall survive him the said Richardson McVeagh and in such case he the said Richardson McVeagh shall and will in and by his last testament in writing or otherwise give or leave all such real and personal estate as he the said Richardson McVeagh shall be seized or possessed of or any ways entitled to at the time of his decease after payment thereout of his just debts and funeral expenses or settle or cause the same to be settled to or to the use of the said Amelia Durnford his intended wife for and during the term of her natural life and from and immediately after her decease unto and amongst all and every the child and children of the said Richardson McVeagh on the body of the said Amelia Durnford lawfully to be begotten to be equally divided between them, share and share alike, and to take as tenants in common and not as joint tenants; and for want of such issue to or to the use of the executors and administrators and assigns of the said Amelia Durnford but the said defendant says that the words to or to the use of the executors and administrators or assigns of the said Amelia Durnford appear to have been obliterated and were obliterated as the said defendant believes since the execution of the said deed of settlement and that the words to or to the use of the heirs executors and administrators of the said Richardson McVeagh appear to have been written upon such obliteration; however, the said defendant says that the words “to or to the use of the executors, executors and administrators or assigns of the said Amelia Durnford” are visible and the said defendant believes for the reasons after mentioned that such words last mentioned were the words originally made use of and inserted in the said deed of settlement at the time of the execution thereof, and that the same were obliterated by the said Joseph McVeagh in his lifetime or by some persons or persons by his means or procurement or with his knowledge and who acted in concert with him in order to deceive and defraud the said Amelia McVeagh and to deprive her of her just rights under the said deed of settlement, and as after more particularly stated, and believes that the said Richardson McVeagh at the time of the execution of the aforesaid deed of settlement was a person of no property except his half pay as a lieutenant and that the  ( ) of the real and personal estate comprised in the said deed of settlement and thereby Covenanter to be settled belonged to and was the property of the said Amelia McVeagh, and therefore the said defendant believes that the covenant as entered into by the said Richardson McVeagh as aforesaid was intended as a provision by him for the said Amelia McVeagh in case she should survive him and says that in case the words so substituted as aforesaid were permitted to stand or had been used as original words of limitation in the said covenant, the intention of the said Richardson McVeagh in the respect last mentioned would be defeated and believes that the words “to or to the use of the executors, executors, administrators or assigns of the said Amelia Durnford were the original words of the limitation contained in the aforesaid covenant at the time of the execution of the said deed of settlement and that the same was afterwards obliterated and such other words substituted in their places as aforesaid by such person or persons and under such fraudulent circumstances as before mentioned, and says he is induced the more particularly to believe that the obliteration in the words so originally contained in the said deed of settlement as before mentioned was made or caused to be made by or by the means or procurement or at the instance of the said Joseph McVeagh by reason that he was the heir at Law of the said intestate, was the person solely entitled to the real estate and as one of the next of kin of the said intestate jointly entitled to the personal estate of the said intestate, and submits that, for the reasons before mentioned) that he as such assignee as aforesaid is entitled to be paid the said sum of four hundred and forty-eight pounds eight shillings in the said plaintiffs’ bill mentioned, and all other monies received or to be received for rents of the said intestate’s real estates accrued due since the death of the said Amelia McVeagh, that the defendant, (Frederick (sic.)) Meath McVeagh by his answer says he admits that Richardson McVeagh in the said bill mentioned was at his death seized of a well, entitled to such real estate as in the said bill mentioned and that in the year one thousand seven hundred and eighty five the said Richardson McVeagh died intestate and without issue, and that he left Amelia McVeagh, his widow, and Joseph McVeagh, his brother and heir at Law, him surviving, and that upon the decease of the said Richardson McVeagh, the said Amelia McVeagh entered into possession of his freehold estates in the settlement of Calcutta in the said bill mentioned or into the receipt of the rents profits and produce thereof, but the said defendant says that she so entered claiming a life estate only in all her husband’s property under her Marriage Settlement as after stated and believes that the said Amelia McVeagh continued in such possession or receipt of the said rents and profits and produce until she quitter the said settlement of Calcutta as in the said bill mentioned and that previous to her departure therefrom she appointed Alexander Colvin in the said bill mentioned her attorney or agent for her and on her behalf to collect and receive the rents produce and profits of the said intestate’s real estates and generally to act in the management thereof as her agent and admits that the said Amelia McVeagh claimed and was entitled to the rents produce and profits of the said intestate’s estates for her life and for no other or longer estate and interest under and by virtue of a certain indenture or Deed of Settlement made on her marriage with the said intestate, and believes that as such agent as aforesaid the said Alexander Colvin has duly received or collected and got in the rents profits and produce of the said intestate’s freehold estates before mentioned and generally acted as steward or manager thereof and believes that the said Alexander Colvin remitted from India all the rents produce and profits of the said real estates of the said intestate which became due in respect thereof during the life of the said Amelia McVeagh and the same have been duly paid and applied to and for the use of the said Amelia McVeagh during her life or the defendant Charles Chaproniere or for his own use since her decease, and that she or the said Charles Chaproniere has duly received the same from the said plaintiffs up to the time of her death and admits that the said Amelia McVeagh died in the month of January one thousand eight hundred and eight and believes that the said defendant Charles Chaproniere and James Stevenson or one of them allege that the said Amelia McVeagh did duly make and publish her last will and testament to such purport as in the said bill set forth and the said defendant says that such will could have no effect or operation upon the said real estates of the said intestate for the reasons before and after mentioned, and admits that it is alleged by the said defendant that the defendant’s late father Joseph McVeagh in the said bill named the heir at Law of the said Intestate died in the year one thousand seven hundred and ninety four and that he did duly sign and publish his last will and testament of such date to such effect as in the said bill stated and admits that the said defendant as his eldest son and having attained his age of twenty five years and the other executors named in the said will having renounced probate thereof did duly prove the said will in the proper Ecclesiastical Court and undertook the execution of the trusts thereof and believes that the said defendant Charles Chaproniere has lately taken the benefit of a certain Act of Parliament lately passed for the benefit of insolvent debtors and that by virtue of such Act the said defendant James Stevenson has been appointed the sole assigned of the said defendant Charles Chaproniere’s real and personal estate and effects and admits that he insists that by reason of the said intestacy of the said Richardson McVeagh, the said Joseph McVeagh as the heir at Law of the said Richardson McVeagh did become entitled to all his real estates in Calcutta aforesaidand elsewhere subject to the life estate of the said intestate’s widow therein and that the said defendant as devise appointed by the the said will of his father the said Joseph McVeagh is entitled to the said rents profits and produce of the said estates accrued since the death of the said Amelia McVeagh and to the monies received from the said Alexander Colvin or from him and his partners by the said plaintiffs on account thereof as such agents as aforesaid and that he has given notice to the said plaintiffs not to pay the monies in their hands to any other person or persons but himself and believes that a deed of Settlement was made on the marriage of the said Richardson McVeagh with Amelia Durnford afterwards the said Amelia McVeagh to the effect after stated and be,dives that the defendants Charles Chaproniere and James Stevenson allege that they are in possession of settlement made on the said marriage and that they represent the same to contain some limitations under which the said last named defendants or one of them are entitled to the rents and profits of the said real estate of the said Richardson McVeagh accrued since the death of the said Amelia McVeagh but believes that the said defendants have not not have either of them ever produced any such settlement to the said defendant’s solicitor or to the said plaintiffs or to any other person on their behalf though frequently required on behalf of the said defendant so to do and though as the said defendant believes the said plaintiffs were frequently before the filing of their bill desired by the said defendant’s solicitors to insist on the production of the original settlement so alleged to be in the custody of the said defendants or one of them but which the said plaintiffs neglected to do and says that the said Amelia McVeagh having upon or soon after the death of her said husband the said Richardson McVeagh obtained letters of administration of the goods and chattels of the said Richardson McVeagh to be granted to her by the Prerogative Court of Canterbury and her son James Rowland Caesar DURNFORD having obtained the like letters of administration of the goods of the said intestate in the East Indies to be granted to him by some count or proper authority there the said Joseph McVeagh as one of the next of kin of the said Richardson McVeagh on the twelfth day of March one thousand seven hundred and eighty eight filed his bill in this court against the said Amelia McVeagh, James Rowland Caesar Durnford and others praying amongst other things that an account might be taken of the personal estate and effects of the said Richardson McVeagh and that the clear surplus thereof might be placed out during the life of the said Amelia McVeagh so that the capital might be secured and ready to be paid or transferred to the said plaintiffs and the other parties entitled thereto, and says that this said bill amongst other things set forth that previous to the marriage of the said Richardson McVeagh with the said Amelia his wife by indenture bearing date the seventeenth day ofDecember one thousand seven hundred and seventy and made between the said Richardson McVeagh of the first part, the said Amelia McVeagh by her then name of Amelia Durnford of the second part, and Stephen Caesar Le Maistre Esquire and George Hemmings of the third part in consideration of the marriage then intended between the said Richardson McVeagh and the said Amelia Durnford and for making a further provision for her above the settlement made of her fortune or the greatest part thereof for her separate use during her life and after her death in case of the said Richardson McVeagh dying in her lifetime without issue by her for her sole and separate use absolute for the benefit of the said James Rowland Caesar Durnford, her son by a former husband or one of them and also for making a further provision for her issue by him the said Richardson McVeagh, he the said Richardson McVeagh did covenant and agree with the said Stephen Caesar Le Maistre and George Flemmings, that in case the said intended marriage should take effect and the said Amelia Durnford should survive the said Richardson McVeagh would by his last will leave all such real estate as he should be seized or possessed of or in any ways entitled unto at the time of his death after payment thereout of his just debts and funeral expenses or cause the same to be settled to the use of the said Amelia Durnford for her life, and immediately after her decease unto and among all the children of the said Richardson McVeagh by her to be equally divided amongst them, and for want of such issue to the use of the heirs executors and administrators of the said Richardson McVeagh, that the said Richardson McVeagh died in the East Indies in September one thousand seven hundred and eighty five intestate and without issue, leaving the said Amelia McVeagh his widow and the said Joseph McVeagh his only brother, and Jane Maria Shaw, wife of Thomas Shaw, Elizabeth Wilson, widow and Alice Anderson his only sisters and the said bill insisted that therefore as no child of any deceased brother or sister of the said Richardson McVeagh was living at the time of his death, the said Joseph McVeagh, Jane Maria Shaw, Elizabeth Wilson and Alice Anderson were his only next of kin and that, by virtue of the aforesaid indenture, the said Amelia McVeagh became entitled on the death of the said Richardson McVeagh to the whole income to arise during her life on the clear residue or surplus of all the personal estate and effects belonging to the said Richardson McVeagh at the time of his death and that by virtue of the statute made for distribution of the intestate’s estates and by reason of such provision as aforesaid having been made for the said principal of such residue subject to such right of the said Amelia McVeagh to receive the interest and income thereof during her life was distributed in equal shares between the plaintiff and the said Jane Maria Shaw, Elizabeth Elizabeth Wilson and Alice Anderson and that all the defendants to the said bill having put in their answers to the same and the said cause being at issue it was afterwards agreed between the parties to the said cause that the matters of difference between them should be settled without the further prosecution thereof and for that purpose certain articles of agreement in writing bearing date the eighteenth day of May one thousand seven hundred and ninety were duly made and executed by the said Amelia McVeagh and others in which amongst other things her said marriage settlement was again recited to the effect before set forth and it was agreed that the principal question in the said cause namely what interest the said Amelia McVeagh was entitled to in the personal estate of the said Richardson McVeagh by virtue of the said settlement should be determined by the opinion of His Majesty’s then Attorney General and Solicitor General in manner therein mentioned and such provision was made as therein expressed for securing to the brothers and sisters of the said intestate after the death of his widow the said Amelia McVeagh the whole of the personal estate or such part thereof as it should be determined in manner aforesaid that they were entitled to after her death and says that afterwards in the month of July one thousand seven hundred and ninety four a certain other indenture bearing date the seventh day of the said month of July and made between the said Joseph McVeagh, Jane Maria Shaw and Samuel Heron and Elizabeth his wife of the first part, the said Amelia McVeagh of the second part, and the said James Rowland Caesar Durnford and certain other persons therein named of the third part and fourth parts was duly executed by all the said parties thereto, and by the last mentioned indenture again reciting the said marriage settlement to the effect before set forth and stating amongst other things that the proceedings in this court and the case prepared or mentioned in the said articles of agreement had been laid before the attorney and solicitor general who ere of the opinion that the said Amelia McVeagh by virtue of the said articles, settlement and the statute of distribution of intestates’ estates was absolutely entitled to one moiety of the personal estate of the said Richardson McVeagh and was entitled to the interest of the other moiety during her life. It was by the indenture declared that certain stock therein mentioned (lodged) in the names of the trustees therein named and which had been purchased with part of the (said) personal estate of the said Richardson McVeagh should be held upon the trusts therein expressed and it was by the said indenture declared and agreed by and between all the said parties thereto that nothing therein contained should extend or be deemed or considered to extend to release or discharge any right or interest which the said Joseph McVeagh, Jane Maria Shaw and Samuel Heron and Elizabeth his wife or any of them had or might have in or to all or any of the houses and landed property late of the said Richardson McVeagh deceased in the East Indies and being the real estate in the said bill mentioned in case the same should be deemed or determined to be personal property it being confessed and agreed that no part or parcel thereof was mentioned as personal estate in the account settled between the said parties to leave the question whether the same or any particulars thereof were of the nature of the real or personal estate for legal discussion and decision after the death of the said Amelia McVeagh  and says it never has appeared or could appear that all or any of the said houses or landed property late of the said Richardson McVeagh in the East Indies were personal property, the same being as stated in the plaintiffs Bill and as the said defendant is advised, Real property; and says he believes that no claim has ever been made to the said houses and landed property or any part thereof by the said defendants Charles Chaproniere and James Stevenson or any other person on the ground of the same being personal property and believes that the said plaintiffs before the filing of their said bill were acquainted by the solicitors for the said defendant fully and minutely with the said defendants title to the said property in Calcutta and the rents and profits thereof accrued since the death of the said Amelia McVeagh and with the grounds for believing that no such settlement containing such limitation as pretended by the said other defendants was executed particularly that no such document had ever been produced and that the said Amelia McVeagh had executed the said indenture of the seventh day of July one thousand seven hundred and ninety four in which her marriage settlement and said proceedings as before mentioned and that the said Charles Chaproniere had on many occasions confessed that the said Amelia McVeagh had no great interest in the said property than for her life of such fact no doubt was ever expressed by the said plaintiffs and that in all events the said defendant as devisee of the heir at law of the said Richardson McVeagh was entitled to his said real estate until a settlement appeared under which some other person derived a title to the same which had not nor ever has been the case and submits to this court for the reasons before mentioned that he is entitled to be paid the said sum of four hundred and forty eight pounds eight shillings in the said bill mentioned and all other sums received for rents for the said estates of the said Richardson McVeagh accrued since the death of the said Amelia McVeagh that by an order made in this cause bearing date the thirtieth day of May one thousand eight hundred and eighteen it was ordered that the plaintiffs should be at liberty to pay the sum of four hundred and forty eight pounds eight shillings into the bank with the privity of the accountant general of this court to be there placed to the credit of this cause subject to the further order of this court that the said sum of four hundred and forty eight pounds eight shillings was accordingly paid into the bank and has been laid out in the purchase of five hundred and eighty two pounds four shillings and nine pence bank three pounds per cent annuities in the name and with the privity of the said accountant general in trust for this cause.  It was therefore prayed that the sum of five hundred and eighty two pounds four shillings and nine pence bank three pounds per cent annuities standing in the name of the accountant general of this court in trusty in this cause and purchased with the sum of four hundred and forty eight pounds eight shillings in the plaintiffs bill mentioned with the dividends of the said bank annuities may be transferred and paid to the said defendant Ferdinand Meath McVeagh or that an issue may be directed to try whether such indenture of settlement was made and executed on the marriage of Richardson McVeagh in the pleadings mentioned with Amelia his wife as stated and alleged in the answer of the defendant James Stevenson; whereupon and upon hearing Mr Teed of Counsel for the plaintiffs – Mr Loraine of Counsel for the defendant James Stevenson; and an affidavit of notice of this motion to the defendant Charles Chaproniere read – and Mr Bligh of Counsel for the defendant Ferdinand Meath McVeagh.

His Lordship doth order that the defendant’s James Stevenson and Ferdinand Meath McVeagh do proceed to a trial at Law at the Sittings of the Lord Chief Justice of the Court of Common Pleas to be Holden for the County of Middlesex at the sittings to be Holden in next Easter Term on the following issue – “whether any settlement was ever ever (sic.) executed on the marriage of Richardson McVeagh with Amelia his wife, then Amelia Durnford under which she took any other or future interest in the real and personal estate of which the said Richardson McVeagh died seized and possessed than a life interest commencing at his death”, and the said defendant James Stevenson is to be plaintiff at Law and the said defendant Ferdinand Meath McVeagh is to be defendant at Law who is forthwith to name an attorney, accept a declaration, appear and plead to issue, and it is hereby to Mr Jekyll, one of the Masters of this Court to settle the issue in case the parties differ about the same, and it is ordered that the parties be at liberty to inspect the indenture of settlement which the said defendant James Stevenson has been ordered to leave with the said Master, and it is ordered that all deeds papers and writings relating to the matters in question in the custody or power of any of the parties be produced at the trial of the said issue and it is ordered that either of the parties at the said trial be at liberty to examine the said Charles Chaproniere as a witness saving all just exceptions and if any special matter shall arise on the trial of the said issue, the same are to be indorsed on the (Postea) and his Lordship doth reserve the consideration of the costs of this suit and of all further directions until after the trial of the said issue and any of the parties are to be at liberty to apply to the Court as there shall be occasion.

This indenture made the seventeenth day of December in the eleventh year of the reign of our Sovereign Lord George the Third, by the Grace of God of Great Britain, France Ireland King, Defender of the Faith and so forth, and in the year of our Lord one thousand seven hundred and seventy between Richardson McVeagh, Lieutenant in His Majesty’s Sixth Regiment of Foot of the first part, Amelia Durnford of the Parish of Saint Mary Paures in the County of Middlesex, widow of the second part, and Stephen Caesar LeMaistre Esquire of the same parish and George Hemmings of Caldecott Hall in the County of Warwick Esquire of the third part.  WHEREAS a marriage is intended by the permission of God to be shortly had and solemnised between the said Richardson McVeagh and Amelia Durnford AND WHEREAS the said Amelia Durnford is possessed of an estate tail in possession of and in an undivided third part of certain messuages, lands, tenements and hereditaments situate in the County of Kent, late the real estate of Charles BROWN Esquire, her late grandfather, deceased AND WHEREAS the said Amelia Durnford is entitled to one sixth part of the personal estate of Charles ROCHE Esquire, her late brother, deceased AND WHEREAS upon a treaty for and in prospect and consideration of the said intended marriage it was agreed between the said Richardson McVeagh and Amelia Durnford that the said Amelia Durnford’s estate of the said real estate late of the said Charles Brown deceased should be sold with all convenient speed  and the money arising by the sales thereof as also the money to arise from the said Amelia Durnford’s share of the personal estate of the said Charles Roche deceased should be paid into the hands of the said Henry Caesar Lemaistre and George Hemmings to be by them paid applied and disposed of in manner hereinafter respectively mentioned concerning the same. NOW THIS INDEMNITY WITNESSES that the said Richardson McVeagh does hereby (for) himself his heirs executors and administrators and the said Amelia Durnford by and with the consent and approval of the said Richardson McVeagh (testifies) by this being made a (party) to and executing of these presents, does for herself her heirs, executors and administrators, covenant promise and agree to and with the said Stephen Caesar Lemaistre and George Hemmings, their executors, administrators and assigns, that in case the said intended marriage shall take effect, he the said Richardson McVeagh and the said Amelia Durnford shall and will with all convenient speed sell and dispose of the said Amelia Durnford’s undivided third part of the said messuages, lands, tenements and hereditaments late the real estate of the said Charles Brown deceased by public auction or otherwise as the said Stephen Caesar Lemaistre and George Hemmings their executors or administrators shall think best and in order thereto and for completing such sale and barring all estates tail remainders and reversions in the same they the said Richardson McVeagh and Amelia Durnford shall and will before the end of (Hilary) term next levy a fine and suffer a common recovery thereof or join with the other persons interested in and entitled to the other two thirds of the said estates in levying a fine and suffering such recovery of the whole of the said (promise); AND it is hereby (somated) and agreed by and between all the said parties to these presents that the money to arise by sale of  the said Amelia Durnford’s said third part of the said freehold premises and also the money to arise from the sixth part of the personal estate of her late brother Charles Roche deceased shall as the same can be severally got in be paid into the hands of the said Stephen Caesar Lemaistre and George Hemmings, their executors and administrators upon the trusts and to and for the several  (…) intents and purposes hereinafter expressed and declared touching the same, that is to say, UPON TRUST in the first place to discharge what shall appear to be remaining due from the said Amelia Durnford to Sir Alexander Grant, Bt., upon an original debt of one hundred and twenty pounds secured by bond and after payment thereof to lay out the remainder of the said monies as the same shall be received in the purchase of East India stock in the names of them the said Stephen Caesar Lemaistre and George Hemmings, their executors or administrators, and when the same shall have been so laid out and invested, then UPON TRUST that they the said Stephen Caesar Lemaistre and George Hemmings, their executors and administrators do and shall during the joint lives of the said Richardson McVeagh and Amelia Durnford pay the dividends, interest or produce of the said East India stock into the proper hands of the said Amelia Durnford and not otherwise TO THE INTENT that the same may be for her own sole and separate use and disposal and not at the disposal or subject to the control, debts or engagements of her said intended husband, and her receipt alone, notwithstanding her convenience shall from time to time be a good and sufficient discharge for the same, and then and immediately after the decease of the said Amelia Durnford, then in trust  to pay the dividends, interest and produce  of the said stock unto the said Richardson McVeagh and his assigns for and during the term of his natural life or order (not) to permit and empower them and (…) to receive the same and pay (…) also the (…) the survivor of them the said Richardson McVeagh and Amelia Durnford UPON TRUST to sell and dispose of the said India stock with all convenient speed and out of the money to arise from such sale to pay the sum of two hundred pounds of lawful money of Great Britain unto such person or persons as the said Amelia Durnford, notwithstanding her coverture and whether covert or sole shall, by any deed or instrument in writing with or without a power of revocation to be by her seals delivered in the presence of and attested by two or more credible witnesses or by her last will and testament in writing or any writing in the nature of a last will and testament to be by her signed published and delivered in the presence of and to be attested by the like number of witnesses, direct give or appoint and for want of such direction gift or appointment to the executors or administrators of the said Amelia Durnford AND UPON FURTHER TRUST out of the remainder of the money to arise from the sale of the said East India stock in case there shall be issue of the said intended marriage and James Rowland Caesar Durnford, son of the said Amelia Durnford shall be living and shall have attained the age of twenty one years to pay unto the said James Rowland Caesar Durnford as much money (as with the sum of four hundred pounds already provided for him and now invested or intended to be invested on mortgages or other securities in the names of Stephen Caesar Lemaistre and Felix (Mardonough) Doctor in Physick, on trust for the use and benefit of the said James Rowland Caesar Durnford and in such manner as is mentioned in a certain indenture tripartite bearing date on or about the fourth day of Novemberone thousand seven hundred and sixty three and made between the said Amelia Durnford of the first part, the said Stephen Caesar Lemaistre and Felix Mardonough of the second part, and the said James Rowland Caesar Durnford of the third part, will make him the said James Rowland Caesar Durnford (a certain) fortune with every child of the said intended marriage accounting the said sum of four hundred pounds and the whole money to arise by such sale (except the said sum of two hundred pounds which is at the disposal of the said Amelia Durnford joint as one aggregate fund to be equally divided between the said James Rowland Caesar Durnford and the children of the said marriage) and in case the said James Rowland Caesar Durnford shall not have attained the age of twenty one years (obscured by fold) to lay out his said share of the money to arise from the sale of the said East India stock in the purchase of the like or any other stock annuities in any of the public funds or companies or to lend and place out the same at interest on (such) securities as the trustees for he time being shall think proper AND UPON FURTHER TRUST to assign or transfer the said stock annuities or securities to the said James Rowland Caesar Durnford when and as soon as he shall have attained the age of twenty one years, and in the meantime to pay and apply the dividends interest or produce thereof for or towards his maintenance and education, and in case the said James Rowland Caesar Durnford shall die before he attains the age of twenty one years without leaving lawful issue then UPON TRUST to transfer or assign the said stock annuities or securities unto and amongst all and every the child and children (if more than one) of the said Richardson McVeagh and Amelia Durnford, his intended wife, in equal shares and proportions, and if but one, the whole to such only child, the share or shares of such child or children as shall be a son or sons to be transferred or assigned to him or them when and as soon as he or they shall attain the age of twenty one years and the share or shares of such of them as shall be a daughter or daughters to be transferred or assigned to her or them at her or their age or ages of twenty one or day or days of marriage which shall first happen, and in the meantime UPON TRUST to pay the dividend interest or produce thereof towards his her or their maintenance and education PROVIDED ALWAYS and (illegible on fold, but the gist is that if such son or sons shall happen to die) before he or they shall attain the said age of twenty one years and without lawful issue and the daughter and daughters before she or they shall attain such age or be married, then the share or shares of him her or them so dying shall go and belong to the survivor and survivors of them and with the dividends interest or produce thereof be assigned transferred and applied to him, her or them and for his, her or their benefit in the like shares and in such times and in such manner as is hereinbefore directed with respect to higher or their original share or shares, AND UPON FURTHER TRUST that they the said Stephen Caesar Lemaistre and George Hemmings, their executors administrators or assigns do and shall with all convenient speed and in like manner invest or place out the remainder of the money to arise from the sale of the said East India Stock in public or real securities at their discretion, and after the same shall have been so invested or placed out UPON FURTHER TRUST to transfer or assign such last mentioned securities unto and equally between all and every the child and children (if more than one) of the said Richardson McVeagh and Amelia Durnford, his intended wife, and if be one the whole to such only child, the share or shares of such child or children as shall be a son or sons also to be assigned and transferred unto him or them when and so soon  as he or they shall attain the age of twenty one years, and that the share or shares of them as shall be a daughter or daughters to be assigned and transferred to her or them at her age of twenty one years or day or days of marriage which shall first happen, and in the meantime to pay the dividends interest or produce thereof towards his her or their maintenance and education, PROVIDED ALWAYS that in case any such children shall die the son or sons before he or they shall attain the age of twenty one years and without lawful issue and the daughter or daughters before she or they shall attain such age or be married, then the share of such child or children  so dying shall go and belong to the survivors or survivor of such child or children and the said James Rowland Caesar Durnford  and to the survivor of them and with the dividends interest and produce thereof shall be assigned transferred and paid to him her or them and for his her or their benefit in like shares and proportions as at such times and in such manner as is before directed with respect to their respective original fortunes hereby provided for them, PROVIDED ALWAYS and it is hereby further declared and agreed by and between all the parties to these presents that in case the said James Rowland Caesar Durnford  and all or any of the sons of the intended marriage shall die before he or they shall attain the age of twenty one years leaving lawful issue then such issue shall be entitled to and for such share and interest in the whole monies (illegible due to the fold in the vellum) as their respective (…) parents would have been entitled unto (illegible due to the fold in the vellum) declared and agreed by and between the parties to these presents that in case there shall be no child or children of the said intended marriage or if there shall be any and all of them as also the said James Rowland Caesar Durnford  shall happen to die the said James Rowland Caesar Durnford  and the sons of the said intended marriage before he or they  shall attain the age or ages of twenty one years and without lawful issue, and the daughter or daughters before she or they shall attain such age or be married, then they the said Stephen Caesar Lemaistre and George Hemmings their executors administrators and assigns shall pay assign or transfer the whole of the monies to arise from the sale of the East India stock except the said sum of two hundred which is to be at the separate disposal of the said Amelia Durnford or the securities in which the same shall be invested or placed out unto such person or persons and for such uses and purposes as the survivor of them the said Richardson McVeagh and Amelia Durnford shall by any deed or instrument in writing with or without a power of revocation to be by him or her sealed and delivered in the presence of and attested by two or more credible witnesses or by his or her last will and testament in writing or any (…) in the nature of a last will and testament to be signed published and declared in the presence of and to be attested by the like number of witnesses direct give or appoint and for want of such direction gift or appointment then to the executors and assigns of the survivor of them the said Richardson McVeagh and Amelia Durnford PROVIDED ALWAYS and it is hereby further declared and agreed by and between the said parties to these presents that it shall and may be lawful to and for the said Stephen Caesar Lemaistre and George Hemmings their executors administrators and assigns (that) to with the consent and approbation of the said Richardson McVeagh and Amelia Durnford during their joint lives and after the decease of either of them then of the survivor of them in writing under their hands or the hands of such survivor for that purpose first had and obtained to sell and dispose of the said East India stock or any part thereof and with such consent and approbation as aforesaid to lend place out or invest the monies arising from such sale or sales in any of the public funds or on government or real securities or in the purchase of any freehold copyhold or leasehold messuages lands and tenements and so from time to time as often as the said trustees shall think proper with such consent and approbation as aforesaid to call or take in receive sell and dispose of reinvest and vary the said trust estates funds and securities so as nevertheless all such new funds messuages lands tenements or securities in or upon which the said monies shall from time to time be laid out or (invested) shall be to for and upon the same uses trusts intents and purposes as are therein before declared and agreed upon touching the above said East India stock or as (much thereto) as may be PROVIDED ALSO and it is hereby further declared and agreed by and between all the said parties to these presents that if the said Stephen Caesar Lemaistre and George Hemmings or either of them shall die or be desirous to quit or be discharged from the trusts hereby in them reposed before the trusts shall be fully executed and performed, then and in such case and when and so often as the same shall happen it shall and may be lawful to and for the said Richardson McVeigh (sic.) and Amelia Durnford or the survivor of them by any writing or writings under their his or (her) hands or seals hand or seal to be executed in the presence of and attested by two or more credible witnesses to nominate substitute or appoint any other person or persons to be a trustee or trustees for the purposes aforesaid in the place and stead of them the said Stephen Caesar Lemaistre and George Hemmings or of either of them who shall so die or be desirous to quit and be discharged from the said trusts and so from time to time and as often as the Trustees or either of them for the time being shall die or be desirous to quit and be discharged from the said trusts to nominate substitute and appoint any other person or persons to be a trustee or trustees in manner and for the purposes aforesaid in the place and stead of the present or any successor or other trustee or trustees who shall so die or be desirous to be discharged as aforesaid and that when and so often as any new trustee or trustees shall be nominated or appointed as aforesaid all the then trust estate whatsoever shall thereupon with all convenient speed be assigned  transported and conveyed to and in such sort as that the same shall be legally and effectually vested in the surviving or continuing former trustee and such new trustees upon the trusts aforesaid any thing herein contained to the contrary thereof in any wise notwithstanding AND it is hereby further declared and agreed by and between the said parties to these presents that no trustee of the said premises shall be charged or chargeable with  or accountable for any more of the trust monies or estate than he shall actually receive nor for any loss which shall happen to the same but what shall happen through his own wilful neglect or default nor shall chargeable  charged or accountable for the acts deeds receipts or defaults of the other but each trustee for his own acts deeds receipts and defaults only when joining in receipts for convenience sake notwithstanding AND ALSO that it shall and may be lawful for the trustee and trustees for the time being in (case they stand) out of the Trust estate to deduct such (cost) that him and themselves (respectively and jointly the co-trustee all costs) and to pay the (… … …) and expense do (tally) so either of them shall sustain no expense or be put (… …) by reason of the (trust) aforesaid and the management and the execution thereof or anything in any ways related thereto AND the said Richardson McVeagh in consideration of the said intended marriage and to making a further provision for the said Amelia Durnford in case she shall survive him and (not) issue does thereby for himself his heirs executors and administrators covenant promise and agree to and with the said Stephen Caesar Lemaistre and George Hemmings tinier executors administrators and assigns that in case the said intended marriage shall take effect and  the said Amelia Durnford  shall survive him the said Richardson McVeagh that and in such case he the said Richardson McVeagh shall and will in and by the last will and testament in writing or otherwise give or leave all such real and personal estate as he the said Richardson McVeagh shall be seized or possessed of or any ways entitled to at the time of his decease after payment thereout of the just debts and funeral expenses or settle or cause the same to be settled to or to the (…) the said Amelia Durnford the intended wife for all (…) the term of her natural life and from and immediately after her decease unto and amongst all and every the child or children of the said Richardson McVeagh on the body of the said Amelia Durnford lawfully to be begotten to be equally divided between them share and share alike (… …) as tenants in common and not as joint tenants and for want of (such issue) or to the use of the (heirs) executors and administrators (… … …) IN WITNESS whereof the said parties to these presents have (… … and set their names and seals …  … …)

Signed and sealed by:

Richardson McVeagh

Amelia Durnford

James Rowland Caesar Durnford

Stephen Caesar Lemaistre

George Hemmings

1811 Joseph McVeagh
1808 Jane Maria Shaw