MRP: C 9/243/65 f. 1

C 9/243/65 f. 1

Editorial history

26/10/11, CSG: Created page

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Suggested links

See The Corner or Old Corner, near Ludgate (and Old Bailey), London
See Ludgate Hill

See Tobell Aylmer
See Edward Kelke
See Elizabeth Dallison

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Transcription

This transcription needs to be completed

//The joynt and severall answeres of Alexander Emerson Esquier & Frances his wife two of the defts to the bill of complaynt of Elizabeth Dallyson widow complaynant//

//XXXX at all times hereafter all advantage of excepcon to the uncertaintie and insufficiencie of the said bill of complaint for Answere thereunto say that they do not know or beleive that Edward Kelke in the bill named being of pfect or sound memory did make & publish any such will as in the bill is alledged//

//XXX did make any will at all either in writing of otherwise as for his last will and testam:t for these def:ts say that they have been informed & hope it will appeare unto this honoble Court that on Sunday in the night tyme the fyfthe day of September now last past the night before the compl:t by her sayd Bill alledgeth that the sayd//

//XXXXXX will, the said Edward Kelke did languish & was gronwen into a great & violent fitt of sicknesse & talked idly ever & strangely of playing at Cards & could not be dissuaded from such talke, And these defts further say that the sayd Edward Kelke then lodging as these defts hope will appeare to this honoble Court in the course of one M:r//

//XXXXX the compl:t also lodged & wherein one who is called ?M:rs Grigg daughter as it is sayd of the sayd M:r Aylmer & one who is called Sarah Waynman the comp:lts servant & the sayd M:r Aylmer then ?there & did all reside, there was as these def:ts have been informed in that night brought by the sayd Sarah into the room//

//XXXXXX so layd an outlandish bird w:ch gave severall hideous XXXXthes w:ch did much disturb & affrighte him the said Edward Kelke that the bed wherein hee then layd languishing as aforesaid did quake of shake by reason of his affright trembling & disturbance thereat & that the said M:rs ??Pewyn did likewise as these def:ts have been//

//XXX XXX further disturbance or amaze bring into the sayd roome a dogg w:th bells w:ch did also much trouble him And these def:ts further say that they beleive that the complt & the sayd M:r Aylmer M:rs Grigg M:rs Pewyn & Sarah Waynman of some of them the sayd Edward Kelke Xf speaking or having//

//XXXX intenccon of makeing any will did unduly instigate incite & psuade him the sayd Edward Kelke thereto & of their or some of their XXXX free will did thinking & seeing the sayd Edward Kelke to be far decayed spent & not likely to live send for M:r Raworth a counsellor at lawe to make a writeing as being or to be the//

//[?will] of sayd Edward Kelke But these def:ts further say that they doe not beleive that the sayd Edward Kelke did rightly understand wXXXX the supposed will was so makeing what hee the sayd Robert Raworth & the rest of the parties aforenamed were indeed plotting framing & contriving for that these def:ts doe not beleive

//XX Edward Kelke yf hee had been of pfect [memory has been crossed out] & disposing minde woulde in makeing any last will have been so senselesse as to give away all his estate lands & goods as these def:ts beleive of the worthe of Two thousand pounds & that his lands should be sold upon ?colour of pym:t of debts & legacies as yf hee had been//

//at XXXX [worth has been crossed out] or nothing worth whereas indeed these def:ts hope it will appear that there was noe need of devising his lands to be sold for that hee had as they beleive more debts owing by ?many than hee did owe & as they beleive one yeares rent of his lands would have payed his debts w:thout making any sale of lands//

//XXXX ?these def:ts beleive that yf hee had been of a disposing memory that in making a will hee would totally have neglected & forgotten his fathers house & the famyly from whence hee sprang & his uncle his fathers brother & them these def:ts w:th whom hee was very intimate & kynde & had at sewall tymes com from London//

//XXX to be there being by accompt sixescore miles to visit & w:th whome & at whose houses hee had divers & many tymes been freely entertayned & welcomed ?shee this def:t ffrancs being his fill Cosen German & according to the lawes of this land one of his heires & not to remember or somuch as name or make//

//XXXX of her nor any of her children nor of the def:t Anne wife of Willyam Thowold nor of the def:t Bridgett wife of Willyam Smythe nor of Robert Stryper sonne & heir of Elizabeth sister of these def:ts Bridgett Anne & ffrances who were als cosens & coheires at lawe XXX him when as by//

//XXX XXX hee gave divers & sundry legacies all w:ch save one small one of fforty pounds to his cosen Skypper & ten pounds to his wife none to XXXX ffrances to him as these def:ts conceive & amongst the rest as by the bill is sett forth one //great legacie of an hundred pounds to Maximillian Dallison Esquire who as these def:ts//

//XXXX XX to the compl:t & another legacie upon a contingency of Two hundred pounds more to the said Maximilian & another of ffifty pounds more to the sayd Maximillian another Legacy of fifty pounds more to the wife of the sayd Maximilian & that amongst the XXXX of so great & so many Maximillian legacies none of his kindred save one as aforesayd should be thought on yf the//

//XXX XXX had been of good memory seems strange But these def:ts beleive that the sayd Edward Kelke did as little remember his cosen Skepper as these def:ts but as these def:ts beleive the compl:t for her better grace of the supposed will knowing hee had a cosen skepper (but as they beleive did not//

//XXX XXX his name) caused of her free will amongst the rest to be inserted w:ch these def:ts beleive hee would also have done to these def:ts yf hee had knowen them &hXX XXX of kynne than were to him for these def:ts take the supposed will to be of the compl:ts & not of the sayd Edward Kelke contrivance And//

//XXXXX he hath or indured to beleive that he and Edward Kelke did not at the tyme of contriving the sayd supposed will understand whatwas done for that hee the same Edward Kelke had divers Cosens Skeppers whose psons & Christian names in the tyme of his memory & understanding hee very well knew & yett

//XXX made by the sayd supposed will w.ch of them was thereby intended ?whereof these def:ts conceive was occasioned to be se downe for that the comp:lt did as aforesayd understand hee had a cosen Skepper living in London to whom for better giving colour to the sayd supposed will a triviall legacy should as aforesaid be//

//XXXXX his month hee not then knowing as these def:ts beleive of any kindred hee had nor indeed knowing the Christen name of the sayd Skepper & as it seemes to these def:ts the sayd Edward Kelke not being in case to tell if And this def:t Alexander Emerson for himselfe sayeth that//

//[he did not] beleive that the sayd Edward Kelke did being of a pfect or disposing memory make any such will as by the bill is alledged for that hee did not therein expresse any thing concerning a Seale ring w:ch was his uncle Robert Kelkes father of this def:t ffrances & her sayd sisters XXX//

//XXXX eldest of that familie thXXXX cutt for a Seale wch hee had by & out of the hands of this def:t the same not being any way disposed unto his sayd uncle, & for that also the sayd Edward Kelke on y terme when this def:t came to London

//XXXXll tymes to visit him this def:t then being alwayes from their first a w:ch acquaintance w:ch was many yeares agowe XXXX kind & familiar ?hands [?character] XXXX him XXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXX//

//XXXXX Edward Kelke XXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX//

//XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX//

//XXXXXXXXXX of another mortgage made from M:r Richard ffogg to him for paym:t of an hundred pounds or there abouts & XXXXXXXXXXXXXXXXXXXXXX//

//XXX year of the reigne of the late King Charles And thid def:t further sayeth that not long before whitsuntide now last past the sayd XX XXXX XXX to him this def:t that he had XXXXX the hundred pounds of the sayd m:r ffogg & had sent the same for an adventure over sea And this def:t//

//?????? that for his this def:t better memorie hee had a note in writing w:ch hee still hath of the sayd writings And these deft:s do beleive that the sayd Edward Kelke did ?set fforth after the contriving of the sayd supposed will And these def:ts further say that shee this def:t ffrances & the said//

//?Bridge XXXX & the sayd Elizabeth their deceased sister were daughters & coheires of Robert Kelke Esquier deceased eldest brother of Edward Kelke father of the sayd Edward Kelke the supposed testator & for any thing these def:ts know to the contrary ought to inheritt all the lands & tenem:ts whereof the sayd Edward Kelke the sonne died seised of any//

//Say that XXX it is & they have & do say that the def:t ffrances XXXX gett Anne & Robert Skepper were cosens & coheires of the sayd Edward Kelke

//died intestate as these deft:s hope will appeare hee did ought to be granted And these deft:s deny that they or eythear of them did or do give out//

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//nor do they conceive it materiall whether they gave or had given forth and//

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