Exchequer Court pleadings: Stafford and Benson (1760)

National Archives reference E 134/33Geo2/East8

© Crown Copyright

Transcribed by David Carter

National Archives Catalogue Record Summary: 

22 June 1759 - 21 June 1760 
Catherine Stafford, widow, John Stafford, Robt. Stafford, and Thos. Stafford (three of her children), and Catherine Stafford, the younger (late an infant), and Mary Stafford (still an infant), by Robt. Stafford, their late father and next friend, by original bill, and the said Mary Stafford (an infant), by said Catherine Stafford, widow, her mother and next friend by supplemental bill. v. Thos. Benson and his sons John Benson and Peter Benson, Narcissus Hatherley, and the Attorney-General.: Legacies given by the last wills and testaments of John Benson, the father, and Peter Benson, &c., &c. [See also 32 Geo. 2., Mich., No. 9; 33 Geo. 2., Mich., No. 12.]: Devon 
Reference: E 134/33Geo2/East8 
https://discovery.nationalarchives.gov.uk/details/r/C3716075

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Document 1: 
George the Second by the Grace of God of Great Britain France Ireland King Defender of the Faith etc, To our beloved John Hiern John Saltren John Palmer and Thomas Lake gen Greeting Know ye that we trusting to your fidelity and circumspection have assigned you and do hereby in execution of a certain decree made by the Barons of our Exchequer at Westm[inster] on Saturday the eighth day of December last in a cause whereas Catherine Stafford wido[w] John Stafford Robert Stafford Thomas Stafford & Catherine Stafford the younger late an infant and Mary Stafford still an infant under the age of twenty one years by Robert Stafford their late father and next friend by original Bill and the said Mary Stafford an infant by the said Catherine Stafford wido[w] her mother and next friend by supplemental bill are the complainants and Thomas Benson and John Benson and Peter Benson his sons and Narcissus Hatherly and also his Majesty's Attorney General this defendants give you full power and authority to examine the above named Catherine Stafford widow John Stafford Robert Stafford Thomas Stafford and Catherine Stafford the younger upon a certain interrogatory to be exhibited before you And therefore we command you that at such day and place or days and places as you or any two or more of you shall appoint you or any two or more of you do summon them the said Catherine Stafford widow John Stafford Robert Stafford Tho[ma]s Stafford & Cath. Stafford the younger to appear before you And do carefully examine them separately upon the said interrogatory on their respective corporal oaths to be by them severally taken on the Holy Gospels of God before you or any two or more of you And to take their examinations thereon and reduce them into writing upon parchment And that you have the same taken in form aforesaid before the Barons of our Exchequer at Westminster on the twenty third day of April next closed up under the hands and seale of you or any two or more of you together with the said interrogatory and this Writ witness Sir Thomas Parker Kn[igh]t at Westm[inster] this twelfth day of February in the thirty third year of our reign. By this said decree and by the Barons. 
Signed: J(?) Masham

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Document 2: 
An Interrogatory to be administered to Catherine Stafford widow John Stafford Robert Stafford Thomas Stafford and Catherine Stafford the younger respectively in pursuance of a decree made by his Majesty's Court of Exchequer at Westminster on the eighth day of December in the year of our Lord one thousand seven hundred and fifty nine in a cause depending in the said court wherein the said Catherine Stafford widow and John Stafford Robert Stafford and Thomas Stafford three of her children and Catherine Stafford the younger late an infant and Mary Stafford still an infant under the age of twenty one years By Robert Stafford their late father and next friend by original Bill and the said Mary Stafford an infant by the said Catherine Stafford widow her mother and next friend by supplemental Bill are the complainants, and Thomas Benson and John Benson and Peter Benson his sons and Narcissus Hatherly and also his Majestys attorney general are the defendants. 
Have you or hath Robert Stafford deceased in the Title of this Interrogatory named or any other person and who on your account at any time and when received any and what sum or sums of money deed or writing or any other matters or thing whatsoever for or by way of security or satisfaction for the principal money or interest of the legacys of any part therof given to you respectively by the last Wills of John Benson the father or of Peter Benson in the pleadings of this cause mentioned or either of them declare the truth of the several matters above inquired after according to the best of your knowledge and belief. 
Signed: John Hiern, Jno Saltern, Wm Martin. 
In margin: 10th Feb 1759 - I approve of this Interrogatory. Signed C Taylor.

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Document 3: 
The examinations of Catherine Stafford widow and of John Stafford Robert Stafford Thomas Stafford and Catherine Stafford the younger late an infant Had and taken the second day of April in the year of our Lord one thousand seven hundred & sixty at the house of Henry Bowen being a publick inn and known by the sign of the Crown situate in the Town of Bideford in the County of Devon by vertue of a commission issued out of his Majestys Court of Exchequer at Westminster to John Hiern and John Saltren and others directed in execution or in pursuance of a certain decree made by the Baron of the said Court of Exchequer on Saturday the eighth day of December last in a certain cause there depending wherein the said Catherine Stafford widow John Stafford Robert Stafford Thomas Stafford and Catherine Stafford the younger and Mary Stafford an infant under the age of twenty one years by Robert Stafford their late father and next friend by original Bill and the said Mary Stafford an infant by the said Catherine Stafford widow her mother and next friend by supplemental Bill are the complainants and Thomas Benson and John Benson and Peter Benson his sons and Narcissus Hatherly and also his Majesty's attorney general are the defendants on a certain interrogatory hereto annext as follows (to wit).

Thomas Stafford of Bideford in the County of Devon merchant one of the complainants named in the title of the s[ai]d interrogatory deposeth and saith that he this examinant or Robert Stafford his late deceased father in the title of the s[ai]d interrogatory named or any other person whatsoever have not or hath not at anytime for or on this examinants account to the knowledge belief of this examinant received any sum or sums of money deeds or [lost in crease] or thing whatsoever for or by way of security or satisfaction for the principal money or interest of the legacies or and part thereof [lost in crease] in and by the last wills and testament of John Benson the father or of Peter Benson in the pleadings of this cause mentioned or either of them. 
Signed: Thomas Stafford.

John Stafford of Bideford in the county of Devon gentleman one the of complainants named in the title of the s[ai]d interrogatory deposeth and saith that he this examinant or Robert Stafford his deceased father in the title of the s[ai]d interrogatory named or any other person whatsoever at any time or times to the knowledge or belief of this examinant have not nor hath received any sum or sums of money on this examinants account or any deed or writing or any other matter or thing whatsoever for or by way of security or satisfaction for the principal money or interest of the legacys or any part thereof given to this examinant by the last wills of John Benson the father or of Peter Benson in the pleadings of this cause mentioned or either of them respectively have two several sums of money (to wit) thirty three pounds and ten pounds and ten shillings which this examinant received of the defendant Thomas Benson at two different payments in part of the interest due and owing on the credit of the said legacys given to this examinant by the last will and testament of the said John Benson and Peter Benson But the particular times when this examinant received the same he this examinant cannot reccolect. 
Signed: John Stafford.

Robert Stafford of Bideford in the county of Devon gentleman one of the complainants named in the title of the s[ai]d interrogatory deposeth and saith that he this examinant or Robert Stafford his late deceased father in the title of the s[ai]d interrogatory named or any other person whatsoever at any time or times to the knowledge or belief of this examinant have not nor hath received any sum or sums of money on this examinants account or any deed or writing or any other matter or thing whatsoever for or by way of security or satisfaction for the principal money or interest of the legacys or any part thereof given to this examinant by the last wills and testaments of John Benson the father or of Peter Benson both deceased in the pleadings of this cause respectively mentioned or either of them. 
Signed: Robert Stafford.

Katherine Stafford of Bideford in the county of Devon widow one the of complainants named in the title of the s[ai]d interrogatory deposeth and saith that she this examinant or Robert Stafford her late deceased husband in the title of the s[ai]d interrogatory also named or any other person whatsoever have not nor hath to the knowledge or belief of this examinant for or other account at any time or times received any sum or sums of money deed or writing or any other thing whatsoever for or by way of security or satisfaction for the principal money or interest of the legacys or any part thereof given to this examinant respectively in and by the last wills and testaments of John Benson the father or Peter Benson both deceased in the pleadings of this cause mentioned or either of them. 
Signed: Katherine Stafford.

Katherine Stafford the younger of Bideford in the county of Devon spinster aged twenty three years or thereabouts one the of complainants in the s[ai]d interrogatory named deposeth and saith that she this examinant or Robert Stafford her late deceased father in the title of the s[ai]d interrogatory named or any other person whatsoever have not nor hath received any sum or sums of money on this examinants account or any deed or writing or any other matter or thing whatsoever for or by way of security or satisfaction for the principal money or interest of the legacys or any part thereof given to this examinant respectively in and by the last wills and testaments of John Benson the father or Peter Benson both deceased in the pleadings of this cause mentioned or either of them. 
Signed: Katherine Stafford.

The several examinations of the above named complainants Thomas Stafford John Stafford Robert Stafford Katherine Stafford Katherine Stafford junr were taken on their respective corporal oaths they having been all respectively sworn on the Holy Gospels of God on the said second day of April one thousand and sixty at the town of Bideford aforesaid by vertue of a commission hereto annexed before us. 
John Hiern, Jno Saltren.

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