Court proceedings: Grumbleton v Robins, 1734


Short title: Grumbleton v Robins.
Document type: Bill only.
Plaintiffs: William Gumbleton aged 13 years, Robert Gumbleton aged 8 years, Sarah Gumbleton aged 17 years, Mary Gumbleton aged 16 years and Elizabeth Gumbleton aged 9 years (by John Dolling of Okeford Fitzpaine, Dorset).
Defendants: Augustin Robins.
Date of bill (or first document): 1734

To the Right Honble. Charles Lord Tolbott Baron of Henson Lord High Chancellr. of Great Britain Humbly complaining shew unto your Lordship your Orators and Oratrices William Gumbleton and Robert Gumbleton Infants under the age of Twenty One Years. To witt William of the age of Thirteen years and Robert of the Age of Eight years. And Sarah Gumbleton, Mary Gumbleton and Elizabeth Gumbleton All likewise infants under the age of Twenty One Years. To witt, Sarah of the age of Seventeen years, Mary of the Age of Sixteen Years, and Elizabeth of the Age of Nine Years or thereabouts By John Dolling of Okeford Fitzpain in the County of Dorset their next Friend.

That Robert Gumbleton late of Anstie in the Parish of Hilton in the said County of Dorset deceased was in his life time and at the time of his decease, Possessed of a considerable Personall Estate consisting of Ready Money, Bonds, Living and Dead Stock on Lands, Household Furniture and Utensils in Husbandry, besides of a Lease hold Estate for the Term of Five Hundred Years or some other long Term of Years, lying and being at West Stower in the said County of Dorset. And also of a Lease of the Estate at Anstie aforesaid which he Occupied at the time of his Death, In which he had Fifteen years to come, Which he Rented at a considerable less Rent than the most Improved Value, And being so possessed, Dyed on or about the Second Day of January which was in the Year of Our Lord One Thousand Seven Hundred Thirty One Intestate, Leaving a Wife and your Orators and Oratrices his Children.

And your Orators and Oratrices further shew, That Sarah Gumbleton (Wife of the said Robert the Father) some short time after her said Husbands decease Procured Letters of Administration of all the Goods Credits and Effects of her said Husband, By Vertue whereof she possessed her self of all his the said Robert Gumbletons personall Estate, To the amount of Five hundred Pounds and Upwards. And sold the said Lease hold Estate at West Stower for Three Hundred Pounds or thereabouts, And soon after, Namely on or about the Nine and Twentieth Day of May In the Year of Our Lord One Thousand Seven Hundred Thirty Two, She the said Sarah Gumbleton, Widdow of the said Robert, And Mother to your Orators and Oratrixes Intermarried with one Augustin Robins yeoman And in about a Year after the said Intermarriage the said Sarah the Widdow of the said Robert Gumbleton the Father, and Wife of the said Augustin Robins Dyed without ever having distributed the Goods and Effects of the said Robert Gumbleton her Intestate.

And the said Augustin Robins Immediately on the Death of the said Sarah Entred upon the said Leasehold Estate at Anstie and hath been in possession thereof ever since and possessed himself of all the Goods and Chattles of the said Robert Gumbleton the Father, And your orators and Oratrices well hoped that he the said Augustin Robins would have come to an account with them, and paid or secured to them Respectively their Respective Shares of their Fathers Estate, he having been frequently Applyed to for that Purpose.

But Now so it is may it please your Lordship that the said Augustin Robins Combineing and Confederating with Several Persons to your Orators and Oratrices unknown (Whose Names when discovered your Orators and Oratrices pray may be Inserted herein with apt words to Charge them) doth actually refuse to come to any account with your Orators and Oratrices and to pay or secure to them such sums as shall appear to be due from their said Father's Estate. Pretending that the said Robert Gumbleton dyed so much in Debt that the whole has been applyed to the discharge of such Debts. Or if there is any thing Remaineing, that he ought to keep the same without paying any Interest for the same till your Orators and Oratrices attain their age of Twenty One years. All which actings and doings are contrary to Equity and good Conscience.

And forasmuch as all matters of account are only and properly Conuzable before your Lordship in this Honourable Court, And the rather for that your Orators and Oratrices cannot prove the Truth of the Premisses. The Witnesses thereto being either dead or in parts beyond the Seas. To the End therefore that the said Augustin Robins and the other Confederates when their names shall be discovered, May upon his and their Respective Corporal Oaths, true full and perfect Answer make to all and Singular the Premisses aforesaid as fully and particularly as if all the Matters and things were here again Repeated and Interrogated. And particularly that they may set forth and discover what Interest the said Robert Gumbleton the Father had in the said Leasehold Estate at West Stower aforesaid. And how much the same was worth at the time of his decease, And also what Term of Years was to come in the Estate at Anstie aforesaid and how much the same was worth and what sum he the said Augustin Robins or the said Sarah his wife hath or have been offered to assign the Lease thereof, And whether the said Sarah did not obtain Letters of Administration of all the Goods Credits and Effects of the said Robert Gumbleton her first Husband and what was the particulars and values of the Several Effects that came to her hands by vertue of the said Administration Or to the hands of the said Augustin Robins since her decease and whether any one and who besides the said Augustin has been in possession of any of the effects of the said Robert Gumbleton the Father since the decease of the said Sarah the Administratrix and whether the said Leasehold Estate at West Stower hath been assigned to any and what Person, And for what Consideration,

And that the said Augustin Robins may come to a true and Just account with your Orators and Oratrices for all such moneys Goods and Effects as have come to his hands, Either upon the Marriage of the said Administratrix or Otherwise, And that he may pay the same to such Person or Persons as the Honourable Court shall Direct for the use of your Orators and Oratrices, Or may give such Security for paying the same to your Singular the Premises as shall be agreeable to Equity and good Conscience. May it please your Lordship to grant unto your Orators and Oratrices his Majestyes most gracious Writt or Writts of Subpaena to be directed to the said Augustin Robins and the rest of the said Confederates when Discovered, Thereby commanding them and each and every of them upon a certain Day and under a certain pain therein to be limitted personally to be and appear before your Lordship in this Honourable Court and then and there to Answer to all and Singular the Premisses And further to stand to and abide such further and other Order Direction and Decree theirein as to your Lordship shall seem most meet. And your Orators and Oratrices shall ever Pray &c

Richard Bingham

TNA Ref. C 11/2289/93
1734

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