C5/589/68

Ballard v. Martyn

Bill of Complaint of William Ballard and Alice, his wife,

9 July 1614,

William, gent of Southwell. Alice sole daughter and heir of John Martyn, late of East Allington in Lincolnshire, deceased. John held various lands in East Allington, West Allington and Connerbie in Lincs. Along with goods, chattels, stock and sums of money. Martyn was desirous that his daughter should marry William Ballard for her better advancement. To further this aim, Martyn by articles dated 18 November 32 Eliz I [1589] conveyed his lands to the plaintiffs and their heirs, after his death and that of his wife Isabell, both now deceased. He was also to pay William 6 score pounds at a time long since passed. If John died after Isabell (which he did), then the plaintiffs would have all his goods and chattels. The lands were conveyed to the plaintiffs, and afterwards to Martyn Ballard, one of their sons.  John Martyn also delivered to the plaintiffs, goods and household stuffs to the value of 75-3-4d, as part of the 6 score pounds. Afterwards, Isabell died, but John survived and ‘being very aged was deluded and drawen in by practises and persuasions’ to marry Margaret Leake, sister of Richard Leake, although she was led to understand that she was not to expect any advancement or preferement, for that he had conveyed his lands and agreed to leave all his goods and chattels as aforesaid. At the time of the marriage, John had goods and chattels to the value of 200 pounds at the least which should have come to the plaintiffs. But the Leakes combined with Symon Buttree, clerk, to defraud the plaintiffs of the remainder of the 6 score pounds, the rest of the goods, which ought to be theirs and the lands. John Martyn died in April last and the goods, lands etc. should have come to the plaintiffs. The Leakes and Buttree have in their hands all the deeds, writings, bonds, agreements etc. relating to the estate of Martyn. They have entered the lands and embezzled the goods. Buttree has stated that he has a deed of gift of the goods, money and chattels made in Martyn’s life time, which is to the great wrong and defrauding of the plaintiffs and against all right and equity. Martyn never made any deed to prevent the plaintiff’s receiving the goods and if any was made, it was by ‘sinister persuasions and allurements of the defendants’, ‘defrauding and abusing him in his sickness whereof he dyed…he not understanding in any sort…’ The defendants will not allow the plaintiffs to have any sight of the goods left by Martyn or take an inventory of them nor do they have details of the deeds and other writings. Ask that Margaret Martyn, Richard Leake and Symon Buttree be subpoened to answer the bill.