C10/65/61

Hebbert, Ballard v. Windsor, Castleton, Hickman, Willoughby

Bill of Complaint of Abraham Hebbert, citizen of London, Katherine, his wife and  Grisseld Ballard[1], daughter of Katherine

16 April 1662,

Agreement made by indenture of 21 December 1654 between Abraham Hebbert and Katherine (by the name of Katherine Ballard, widow) on their marriage[2] and the late William Godfrey. Godfrey became entrusted to receive the yearly rent of 50 pounds payable to the Hon. Francis, Lord Willoughby[3], to and for Katherine, on the rectory of Upton and Roxbye in Lincolnshire and also to receive other rents and profits as mentioned in the indenture for the next 9 years. By virtue of the agreement, Godfrey received 150 pounds. He was seized of various lands and manors in Lincs, Notts, Surrey, Yorks, Middlesex and other counties in fee simple of the yearly value of 2,200 pounds. Godfrey made his will dated 16 September 1657 by which he gave the profits of his manor of Thonack (Thorock?) unto William Godfrey, his son and heir[4] once he reached 21 years, being then an infant and the rest of the lands to Thomas, Lord Winsor[5], George, Viscount Castleton, Sir William Hickman[6], Baronet and Willoughby Godfrey, to sell as much as they think fit for the raising of money to pay the debts of the deceased. They carried out the provisions of the will and therefore ought to repay the 150 pounds to the plaintiffs. William Godfrey has access to the information on rents in a book but the plaintiffs do not have the details of the rents received, not witnesses to receipts. Ask the court to compel the executors to pay the debt.

Amended bill, 16 April 1662,

Sum of 137-10 received by Godfrey [not 150 as stated in the bill]

Answers of Thomas, Lord Winsor, George, Viscount Castleton, William Hickman Bt and Willoughby Godfrey

28 April 1662

Acknowledge that there was an agreement as stated in the bill whereby Godfrey should receive certain rents and profits upon some sort of trust, and that part of the indenture was found amongst his papers. But they do not have any details of the rents and profits received by Godfrey nor what he had paid for the trust. They have found amongst the papers an account between himself and Katherine, called his sister Herbert of receipts and disbursements of money since 1654 including the receipts for annuities from Lord Willoughby, but the defendants do not know what these mean. Note that the estate of Godfrey would not even cover one quarter of the debts. They are unwilling to sell off more land as they are desirous of preserving the estate for the benefit of his heir, so far as they may without breach of trust. Are willing to submit to the judgement of the court to decide on how much they should pay.