Winslow History | Will of Susanna Bainbridge, 1846 and legal dispute about 30 Horn Street, 1879-81

Will of Susanna Bainbridge, 1846 and legal dispute about 30 Horn Street, 1879-81

Centre for Bucks Studies D82/7 (Winslow manor court book)

The will and some details of the ensuing dispute were copied into the court book for 7 March 1881 by the judge's order. The clerk tried to preserve the layout of the original documents, which has not been reprduced here. Also included below are some Chancery records from 1879 about the case.

This is the last will and Testament of me Susanna Bainbridge of Winslow in the County of Bucks the wife of John Bainbridge made by virtue and in pursuance and in exercise and execution of the power or authority to me for that purpose given in and by a certain absolute surrender of the hereditaments hereinafter mentioned bearing date the sixth day of this instant April and of all and every other powers and authorities whatsoever enabling me in that behalf. I give and devise unto my Husband the said John Bainbridge all that and those the copyhold messuage or tenement three cottages hereditaments and premises with the appurtenances situate standing and being in Winslow aforesaid now in the occupations of myself John Smith and Elizabeth Bates one no tenant which were comprised in the said absolute surrender above recited or referred to To hold the same and every part thereof unto my said Husband John Bainbridge and his assigns for and during the term of his natural life subject nevertheless to the payment of the interest of such incumbrances if any as shall at the time of my decease affect the same or any part thereof And from and after the decease of my Husband John Bainbridge I give and devise the same messuage or tenements cottages hereditaments and premises with the appurtenances unto my niece Sarah Carpenter To hold the same and every part thereof unto and to the use of the said Sarah Carpenter her heirs and assigns absolutely subject nevertheless to such incumbrances if any as may then affect the same or any part thereof and also subject to the payment of the expenses of and attending the funeral of my said husband or such of them as his personal estate may be insufficient to discharge and I nominate and appoint my niece Sarah Carpenter Executrix of his my Will In Witness whereof I the said Susanna Bainbridge the Testator have hereunto set my hand this sixteenth day of December in the year of Our Lord one thousand eight hundred and forty six.

Susanna Bainbridge

Witness Rosamond Mayne Harriett Mayne
Examined Charles Appleyard Steward

National Archives, J15/1414

Master of the Rolls at Chambers. Wednesday 5th November 1879.

Between John Blake Carpenter plaintiff and Rowland Dickins and others defendants

Upon the application of the defendants The Revd Melbourne Russell West and John Herbert West and hearing the solicitors for the applicants and for the plaintiff

It is ordered that the applicants have 21 days further time to deliver their statement of defence. And it is ordered that the costs of this application be costs in this action.

C. Burney Chief Clerk

J15/1414/2280

Master of the Rolls at Chambers. Mr Koe Regr 11. Tuesday 2nd December 1879.

Between John Blake Carpenter plaintiff
Rowland Dickins, Thomas Carpenter, Emma Allen and others defendants

Upon the application of the plaintiff and upon hearing the solicitor for the applicant and upon reading an affidavit of Henry John Howard Bull filed the 28th October 1879

It is ordered that service of the writ of summons issued in this action on the 11th day of July 1879 on the defendant Emma Allen by leaving a copy of the said writ with a copy of this order at Kent Villa Finchley Road St John's Wood in the County of Middlesex and also by sending a copy of the said writ with a copy of this order in a registered prepaid letter through the Post addressed to the said defendant Emma Allen at Kent Villa aforesaid be deemed good service of the said writ upon the said defendant.

Material from manor court book resumes.

In the High Court of Justice Chancery Division Master of the Rolls 1879 C 276
Monday the 7th day of March 1881 Stamp £1.0.0

Mr. Koe[?] Registrar folio 183 Pleadings filed 22 March 1881

Between John Blake Carpenter   Plaintiff
Rowland Dickins Thomas Carpenter Emma Willis since dismissed The Reverend Melbourne Russell West and John Herbert West                       Defendants
This Action coming out for trial before this Court this day in the presence of Counsel for the Plaintiff and defendants other than Emma Willis
[p.2]
and for William Selby Lowndes Esquire the Lord of the Manor of Winslow in the County of Bucks in the Plaintiffs Statement of Claim mentioned or referred to and upon hearing the pleadings in this Action the Order dated 19th March One thousand eight hundred and eighty namely an Affidavit of John Blake Carpenter and Alfred Barby and the exhibits therein referred to an Affidavit of Alfred Barby and Charles Mayne and an Affidavit of Jane Lomath and two Affidavits of Charles Appleyard filed respectively sixth January One thousand eight hundred and eighty one and Seventh February One thousand eight hundred and eighty one An Affidavit of Charles Sutton and John Rees filed the seventh March One thousand eight hundred and eighty one Probate of the Will of George Carpenter granted by the Oxford District Registry of Her Majesty’s Court of Probate on the 29th day of July 1863 to the said Defendant Rowland Dickins and Thomas Carpenter Probate of the Will of George West granted by the Oxford District Registry of Her Majesty’s Court of Probate on the eighteenth day of June One thousand eight hundred and sixty four to the defendant Melbourne Russell West and John Herbert West probate of the Will of Sarah Carpenter granted by the District Registry of Oxford of the probate Division of Her Majestys High Court of Justice on the 29th day of November 1878 to Joshua Lewin French and George Davys Edward Wigley a copy of the Will of Joseph Denton stamped with the seal of the Principal Registry of the Probate Divorce and Admiralty Division of the said High Court certain Admissions dated the Fourteenth January One thousand eight hundred and eighty one signed by Messrs Palmer and Bull and Mr Basil E. Greenfield the Solicitors for the defendants other than Emma Allen and the documents therein referred to This Court doth Declare that the Will of Susannah Bainbridge in the pleadings mentioned is a valid execution of the power of Appointment reserved to her by the absolute surrender of the Copyhold Messuage and three Cottages at Winslow in the County of Bucks and dated the 6th April One thousand eight hundred and thirty eight in the pleadings mentioned and that the said Will be established against the defendants Rowland Dickins and Thomas Carpenter and enrolled on the Court Rolls of the said Manor of Winslow And this Court doth Declare that the Plaintiff is entitled to be admitted tenant on the said Court Rolls in respect of such hereditaments and William Selby Lowndes the Lord of the said Manor of Winslow by his Counsel consenting to this Order It is Ordered that the said Copyhold hereditaments without any Surrender or admittance do vest in the plaintiff John Blake Carpenter for all the Estate which would be now vested in Sarah Carpenter if living under the Will of the said
[p.3]
Susanna Bainbridge and for the Estate of the said Joseph Denton the Defendant The Reverend Melbourne Russell West and John Herbert West And It is Ordered that the Plaintiff John Blake Carpenter do pay to the Defendants The Reverend Melbourne Russell West and John Herbert West their costs of this Action to be taxed by the Taxing Master in case the parties differ
Entd. M.R.   Registrars Office Entering of Let. & Seal

Examined Charles Appleyard Steward

In the High Court of Justice Chancery Division Mr Justice Chitty (at Chambers) 1879 C. 276
Monday the 7th day of November 1881
Mr Ward Registrar 46

Between John Blake Carpenter Plaintiff
Rowland Dickins Thomas Carpenter Emma Allen (since deceased) The Reverend Melbourne Russell West and John Herbert West Defendants

In the Matter of David Thomas Willis and Thomas Price Willis Gentlemen two of the Solicitors of this Court And In the Matter of the 23rd and 24th Victoria Chapter 127

Upon the application of David Thomas Willis and Thomas Price Willis of Winslow in the County of Bucks Gentlemen the Solicitors in the above mentioned Action for the Plaintiff and upon hearing the Solicitor for the applicants and upon reading an Order dated the seventh of March One thousand eight hundred and eighty one an Affidavit of Thomas Price Willis filed the 5th of November One thousand eight hundred and eighty one an Affidavit of Arthur Stead Midgley filed the fifth of November One thousand eight hundred and eighty one of service of Notice of this application on the Plaintiff The Judge doth hereby declare that the applicants who were employed by the Plaintiff
[p.4]
in this Action as his Solicitors are entitled to a charge upon the Copyhold Land messuage and Cottage situate at Winslow aforesaid and three Cottages in the absolute Surrender dated the 6th day of April One thousand eight hundred and thirty eight mentioned and described for their taxed costs charges and expenses of and in reference to the said Action when taxed under the direction hereinafter contained And that it be referred to the Taxing Master to tax their costs of the said Action against the Plaintiff as between Solicitor and Client including their costs charges and expenses of and in reference to the said Action and relating thereto and also including their costs as between Solicitor and Client of this application And that the said property or so much thereof as is necessary to raise the amount of such costs charges and expenses when taxed be sold with the approbation of the Judge and that out of the money to arise from such sale the said costs charges and expenses be paid to the applicants N.W.
Registrars Office Ent(ere)d M.R.
Entering Let. & Seal

Examined Charles Appleyard Steward

Notes

Susanna Bainbridge, nee Carpenter, was the daughter of George Carpenter and a descendant of the Blake family. She died at Winslow in 1851 aged 61. A married woman could not normally make a will in 1846, which was presumably the reason for the subsequent dispute, but the judge ruled that the will was valid in this case. There doesn't seem to have been an official grant of probate. The messuage involved was 30 Horn Street, and the cottages were probably adjacent (now demolished). When John Blake Carpenter sold them to George Greaves in 1887 they were said to be called Paradise Row.

Susanna's brother George Carpenter was a yeoman of North Marston whose will was proved in 1863. Probate was granted to his son Thomas Carpenter, dairyman of 31 Great Ormond Street, Queen Square, London, and to Rowland Dickins of Aylesbury, chemist and druggist.

The will of Sarah Carpenter, Susanna's niece, was proved in 1878, which must have been what led to the lawsuit. John Blake Carpenter, the plaintiff in the suit, was her brother (see Blake family). George Carpenter of North Marston was their father.

The identity of Joseph Denton is unclear; he doesn't seem likely to be the former Congregational minister in Winslow (see his will, proved 1840). Emma Allen/Willis is also unidentified so far.

The final part of the case seems to be about Willis & Willis making sure that they received their fees. Arthur Stead Midgley was their clerk.

Sarah Carpenter had trouble with a tenant of the house in 1860:

1860, 17th March, Bucks Advertiser & Aylesbury News
Miss Carpenter, of North Marston, v. – Wesley, of Winslow.- Defendant was summoned on a judgement for £50, rent of a ready-furnished house. Mr. Small appeared for plaintiff, and Mr. King for defendant. As amusing scene ensued as to the capability of defendant to pay, he being described as a gentleman riding “lots of hunters,” but nobody could tell whose they were. On the other hand, he was stated to be wholly unable to pay even his own lawyer (laughter). At length, a conditional order of committal was made.

1860, 17th March, Buckingham Advertiser
Sarah Carpenter, of Mursley, v. Thomas Wesley, of Winslow;-This was a judgement summons for £34 4s. 8d. It appeared that defendant was a sporting man living in a furnished house of plaintiff’s, at Winslow. He did not appear in answer to the summons. but Mr. King spoke on his behalf. As the Judge thought he had ostensible means of payment, and had neglected to do so, so he ordered him to be committed for thirty days.

1860, 30th June, Bucks Herald (County Court)
EJECTMENT Sarah Carpenter, of North Marston, v. Thomas Wesley, of Winslow. This was an action to recover possession of a furnished house at Winslow, together with £22 for twenty-two weeks rent of the same. An order was made for immediate possession, together with payment of the rent.
The same defendant also appeared to an unsatisfied judgment summons, at the suit of W. Todd, of Winslow, for £6 the rent of a stable, which had not been paid according to the order of the Court. Ordered to be committed for twenty-eight days unless paid in a fortnight.
W. Todd, of Winslow, farmer, v. Thomas Wesley, of same place. This was an unsatisfied judgment summons for £6, the rent of a stable which defendant had neglected to pay according to the Judge’s order. Ordered to be committed for twenty-eight days, but the warrant to lie for a fortnight to give the defendant an opportunity of paying the money.

In 1861 Wesley was an insolvent debtor at Northampton County Court, described as "formerly of Winslow, buying and selling horses by commission" (Bucks Herald, 18 May). He had debts of £493 and his only asset was one mare.