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Welcombe Hulme

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Copy of a Bill in Chancery between Charles Warde (an infant of the age of 18 years) by his father the Reverend Thomas Warde clerk his father Plaintiff and Charles Lyndon, John Morford Cottle, John Gameliel Lloyd and Fisher Tomes. The substance of the Plaintiff's Bill being that the Will of George Lloyd was as in DR38/1306 and that Fisher Tomes was the person from whom the said George Lloyd before his death had contracted to buy the Clopton Estate, and that upon the death of George Lloyd the equitable interest in the Clopton Estate passed under the devise in the said Will of George Lloyd to John Gameliel Lloyd for life with remainder to Charles Warde in fee simple also that whereas Fisher Tomes had been called upon to complete the purchase of the Clopton Estate and that John Gameliel Lloyd a necessary party thereto had also been called to join in such conveyance, the said Charles Lyndon and John Morford Cottle Executors of the Will of George Lloyd had refused to join in such conveyance, praying the Court that it might be declared that the beneficial interest in the Clopton Estate had passed to John Gameliel Lloyd for life and to Charles Warde in fee simple by virtue of the said Will and that the said Fisher Tomes, John Morford Cottle and Charles Lyndon should be compelled to execute a conveyance of the legal estate upon the trusts of the Settlement and praying that certain arrangements might be made for the said infant of the debts and legacies of the Testator George Lloyd including the sale or Mortgage, if necessary, of the Welcombe estate of George Lloyd and whereto the said John Morford Cottle and Charles Lyndon alleged that the debts of the said George Lloyd including the purchase money of the Clopton Estate amounted to £38,000, and that the personal estate amounted only to £33,800 also that the purchase money of the Clopton Estate was directed by the Codicil to be raised by charging the Welcombe Estate and hereditaments in Lancashire and not out of the personal estate of George Lloyd also that in as much as the said Charles Warde was an infant no sale or mortgage of the Welcombe and Lancashire Estates could be made and praying the Court to determine out of what funds (i.e. realty or personalty) the purchase of Clopton Estate should be made and whereupon the said John Gameliel Lloyd alleged that the equitable interest under the contract for the purchase of Clopton did not pass, as alleged, to him for life with remainder to Charles Warde in fee simple by virtue of the said Will but that such equitable interest in the contract passed to him as heir at law in fee simple and that the purchase money was chargeable upon the realty. Whereupon it was ordered that the cause be referred to a Master and accounts taken and a Receiver appointed by the Court and that the parties proceed to trial before a special Jury at the Spring Assizes holden at Warwick then next. Signed R. O. Walker Registrar for Mr. Bidwell.