Ref NoD-BLX/L70
TitleBill of complaint and amended bill of complaint: Ulick John, Marquess of Clanricarde and Right Honorable Robert Baron Clonbrock, Henry Luke Smith Dillon Trenchard and Henry Luke Dillon Trenchard, plaintiffs against James Henning, defendant, and in the amended bill James C. Dale is also defendant. In 1807, William Trenchard being pressed for money agreed to sell estate at Wolfeton and tithes of Little Burton to his solicitor, Robert Henning: a sale to be kept secret from his uncle John Trenchard from whom he had expectations, for he did not wish him to know of his financial position. He obtained no advice or valuation of the property from anyone else for he trusted Henning implicitly and had already mortgaged Wolfeton to him, being ??5,207 in his debt. It was agreed that Henning should pay down ??7,000 for estate and discharge Trenchard's debts and pay a yearly sum of ??1,000 for 6 years or until death of John Trenchard when he was to pay another ??7,000. 1820: death of John Trenchard. 1823: release of Wolfeton to Robert Henning who made the necessary payments but never released alleged mortgage debt. 1828: death of Henning and estate passed to James Henning. 1824: in his will William Trenchard devised all his property to Edmund Moreton-Pleydell and Edmund Berkeley Portman to the use of Henry Luke Dillon who was to assume the name of Trenchard. 1829: death of William Trenchard. 1836: Trustees of will become present plaintiffs; they were not aware of secret conveyance. 1858: William Willats contracted with defendant Henning to sell estate for £36,000: objection was taken to his title because Robert Henning had only paid ??18,000 for it which was inadequate. In 1859, William Willats filed claim for performance of agreement because James Henning could not satisfy him on this. Plaintiffs claim that sale should be void, valuations made of what should have been paid and an investigation made of who received the rents and profits after 1807. They complain that Trenchard was unaware of market value of place in 1807, insufficient was paid, no outside advice sought, mortgage debt not released; and Trenchard urged to do all this when owing to his obligations to Henning and his fear of his uncle he could not very well refuse..
Date1860
Extent2 docs
LevelFile
    Powered by CalmView© 2008-2019