Husey vs. Prowse

10 February 1736

To the Rt Hon Charles Lord Talbot Baron of Hensol, Lord High Chancellor of Great Britain

Humbly complaining sheweth unto your Lordship your Orator and Oratrix, Hubert Husey of New Inn in the County of Middlesex Gentlemen, and Honour his wife late Honour Prowse, niece of John Prowse of the Borough of Truro in the County of Cornwall Esquire deceased, that the said John Prowse in his lifetime and at the time of his death was possessed of a very considerable Personal Estate consisting of Leasehold Lands and Tenements, Money, Plate, Goods and Stock in Trade and otherwise Debts by Bonds, Bills and other Securities for money, and Debts upon simple contracts and of divers other Goods, Chattells and Personal Estate and Effects amounting to the value of Ten Thousand Pounds or upwards, and being so possessed, the said John Prowse, on or about the twenty sixth day of July one thousand seven hundred and thirty three, duely made and executed his last Will and Testament in writing, and thereby gave devised and bequeathed unto your Oratrix, by the name and stile of his niece Honour Prowse, the sum of Fifteen hundred Pounds to be paid to her at the end of Twelve Months after his decease, and thereby made and ordained his nephew, Amos Prowse the younger (to whom he gave all the rest and residue of his Goods and Chattells), whole and sole Executor of his said last Will and Testament, and the said John Prowse soon after makeing of his said Will died, possessed of such Personal Estate aforesaid, without revoking or altering his said Will, or the said bequest therein to your Oratrix. And your Orator and Oratrix further show unto your Lordshipp that, soon after the death of the said John Prowse, the said Amos Prowse the younger, his Executor, proved the said Will in the Prerogative Court of Canterbury, and took upon himself the burthen of the Execution thereof, and possessed himself of all and singular the Goods, Chattells and Personal Estate of the said Testator to the value of Ten Thousand Pounds and upwards as aforesaid, or some other great value, much more than sufficient to pay all his Debts, Legacies and Funeral Expenses, and hath applyed and converted the same to his own life, and your Orator and Oratrix further show that, on or about the fourteenth day of Aprill in the year of our Lord one thousand seven hundred and thirty six, your Orator intermarried with your Oratrix, and that your Orator and Oratrix since their intermarriage have often applied themselves to the said Amos Prowse to pay your Orator and Oratrix the aforesaid Legacy with interest for the same from the time the same Legacy became payable and well hoped he would have paid and satisfyed the same. But now so it is may it please your Lordshipp that the said Amos Prowse, combineing and confederating to and with divers other persons unknown to your Orator and Oratrix, whose names, when discovered, your Orator and Oratrix pray made be made parties hereunto with appropriate words to charge them, the said Amos Prowse doth sometimes pretend that the said John Prowse’s Personal Capital and the Estate was exhausted and swallowed up in the payment of his Debts, but refused to give your Orator and Oratrix any account of such Debts, or to whom owing, or how secured, and in Truth the said John Prowse was very little or nothing indebted on any account whatsoever, and the said Amos Prowse doth utterly deny and refuse to make any discovery of the particulars Kinds, and Sorts, Natures and Values of the said Personall Estate, and of the Receipts, Management and Disposition thereof, or to pay your Orator and Oratrix, or to your Orator, who is now instituted to the said Legacy, with the Interest thereof from the time the same ought to have been paid. All which actings and doings of the said Confederates are contrary to Equity and Good Conscience and tend to your Orator and Oratrix great prejudice in tender consideration whereof and for that your Orator and Oratrix are remediless in the Premisses by the strict rules of Common Law, but are properly relievable before your Lordshipp in this Honourable Court where matters of this nature are properly enquirable and determinable to the ends of therefore that the said Amos Prowse may upon his Corporall Oath, True, Perfect and Distinct Answer make to all and singular the Premisses as fully and particularly as if the same were here again repeated and interrogated and that he, the said Amos Prowse, more particularly may set forth whether the said John Prowse in his Lifetime, and at the time of his Death, was not possessed of such Personal Estate as aforesaid, or any other and what Personal Estate and at what Value, and whether he did not make such Will of such date as aforesaid, or any other and what Will, or any other and what date, and give, devise and bequeath unto your Oratrix such Legacy as aforesaid or any other and what Legacy and of such Will make or ordain the said Amos Prowse Executor thereof, and whether the said Amos Prowse did not prove the said Will in any and what Court, and take upon himself the burthen and execution thereof and thereby or by any other and what means possessed himself of all or the greatest part or any other, and what part of the Personall estate of the said John Prowse to the value aforesaid or to any other and what value. And that the said Amos Prowse may either admit Assets in his Hands sufficient to answer the Legacy aforesaid so given and bequeathed to your Oratrix, or may set forth a True and Perfect Inventory of all and singular the Goods and Chattels, Rights, Creditts and Personall Estate whatsoever of the said John Prowse, which he was interested in or entitled unto at the time of his Death, and the particulars thereof, with the full and true value of every particular thereof, and what part thereof hath come to the hands or possession of the said Amos Prowse or to the hand of any other person or persons in Trust for him, or by his Order, Means, Consent Privity or Direction, and may make a full and perfect Discovery of the Management, Receipts, Disbursements and Disposition of the said John Prowse’s Personal Estate by the said Amos Prowse, or any other person by his Direction, or with his Knowledge, Privity or Procurement, and to what Life and Purposes the same or any and what part thereof have been applied, and what Debts are owed by the same John Prowse at the time of his Death, and from whom and upon what Security or Securitys whatsoever, and the nature of the same, and what Debts have been received by the said Amos Prowse and that the said Amos Prowse may set forth what Debts or Legacies of the same John Prowse, the said Amos Prowse have paid, and when, and to whom, and that the said Amos Prowse may set forth what Applications have been made to him and when and by whom for the payment of the said Legacy, and that your Orator and Oratrix may be paid the said Legacy with Interest for the same and have such further and other reliefs in the Premisses as shall be agreeable to equity and good conscience and, as to Your Lordshipp, your Orator and Oratrix considered may soon meet, may it please Your Lordship to grant unto your Orator and Oratrix His Majesty’’s most gracious Writt of Subpoena to be directed to the same Amos Prowse, thereby commanding him at a certain day, and under a certain pain, therein to be limitted personally to be and appear before Your Lordship in this High and Honourable Court then and there True and Perfect Answer make to all and singular the Premises and further stand to obey and abide such further Order and Decree herein as to Your Lordship shall seem meet and your Orator and Oratrix shall ever pray.

Signed: James Samson