Harriet Frances (Colyear) Viollet (abt. 1802 - 1888)

Born about 1802 in St. Giles, Middlesex, England

Ancestors

Descendants

Died 12 Jan 1888 at about age 86 in East Preston district, Sussex, England

Problems/Questions Profile manager: Martin Styan [send private message]

Biography

Harriet was born about 1802. She passed away in 1888.

Sources

• Globe 6 August 1836, page 4. findmypast

ROLLS’ COURT, Aug. 5.

COLYEAR v. MULGRAVE.

This case came before the Court upon a demurrer to an original bill, and a bill of revival and supplement, filed by Harriet Frances Colyear, one of the natural children of the late Earl Portmore, praying that certain agreements entered into between the late Earl and his only son, Brownlow Charles Colyear, in favour of herself and three sisters, might be carried into execution. It appeared that Lord Milsington was entitled after the death of his father, the then Earl of Portmore, to 5,000 l. and 19,350 l. 4 per Cents. This latter sum he afterwards assigned to a person named Bruce, as a security for moneys due to him. In 1817, Brownlow Charles Colyear, the only son of Lord Milsington, attained his majority, when he entered into agreements to discharge considerable debts of his father, and being desirous of making a provision for the natural children of his father, he agreed to purchase the interest of Lord Milsington in the sum of 19,350 l., and to assign it with some other money, amounting altogether to 20,000 l., to Mr. Surman, an attorney, for their benefit. In this arrangement it was expressly declared that Lord Milsington, and Brownlow Charles Colyear should have the power of avoiding the stipulations in the agreement, provided the provision made for the natural children of Lord Milsington was not interfered with. Before these arrangements were carried into effect Mr. Colyear went abroad, and there died in 1819, leaving a will by which he gave all his property to his father and made him his executor. In 1825 Lord Milsington, then Earl Portmore, succeeded in setting aside the deed assigning the money to Bruce, and in 1834 the present bill was filed, which prayed that the female defendants might be declared to have a lien upon the personal estate of Mr. Colyear for the 20,000 l.

Lord LANGDALE, in giving judgment, observed that it had been contended that the parties were entitled to no relief from a Court of Equity, inasmuch as the agreement to assign the 20,000 l. to Mr. Surman for the benefit of the natural children had never been perfected. It had been further argued that Mr. Brownlow Charles Colyear had put himself in loco parentis. He did not think the facts bore out that statement, and had not been able to come to the same conclusion. The point which had been mainly rested upon was that the parties were entitled to a specific performance of the agreement; but he could not concur in the opinion, as the agreement itself was never completed. It was unfortunate that Mr. Brownlow died before the arrangements were finally settled. His lordship then observed that he did not think a Court of Equity could enforce the agreement, and therefore he felt himself bound to allow the demurrer.

• A much longer account of the case is given in the following book. Most of it is made up of financial and legal technicalities, but it also includes important evidence of the names and relationships of the members of Harriet's family.

Reports of Cases in Chancery, Argued and Determined in the Rolls Court during the time of Lord Langdale, Master of the Rolls. by Benjamin Keen, Esq. Barrister at Law. Vol. II. New York 1844, accessible on books.google.sk March 2021. pages 82-98 Some significant extracts naming people are given here.

p. 82 1836. – Colyear v. The Countess of Mulgrave

Between MARY ANN COLYEAR, Plaintiff, and THE RT. HON. (81) MARTHA SOPHIA, COUNTESS OF MULGRAVE, WIDOW, THE HON. EDWARD PHIPPS, THE RT. HON. THOMAS CHARLES, EARL OF PORTMORE, THE GOVERNOR AND COMPANY OF THE BANK OF ENGLAND, WILLIAM HENRY SURMAN, ANDRE LIBERT ROMAIN VIOLLET, AND HARRIET FRANCES, HIS WIFE, JOHN AMBROSE CLERK, AND JULIANA CATHERINE, HIS WIFE, AND EDWARD ROGER, AND ELEANOR HIS WIFE; Defendants

p. 84 “The Earl of Portmore answered the bill, but died on the 18th of January, 1835.” “Lord Milsington had seven natural children, the plaintiff in the present suit, and three other daughters, and three sons. Mr. Colyear, his only legitimate child, attained his age of twenty-one years on the 4th of August 1817,”

p. 85 The following list of names occurs in the middle of a very long complex sentence: “...so as to make 20,000 l. of lawful money of Great Britain, into the name of a trustee for the purpose of making provision for Harriet Frances Colyear, the wife of Andre Libert Romain Viollet, Mary Ann Colyear, Juliana Catherine Colyear, the wife of John Ambrose Clerk, and Eleanor Colyear, the wife of Edward Roger, the four natural daughters of the said Thomas Charles Viscount Milsington, and that Lord Milsington and Brownlow Charles Colyear should accordingly give up and relinguish their respective interests therein, and procure such transfer to be made; ...”

• Note by Martin Styan (profile manager) on the census records: Harriet, her husband Andre and four children appear together in the 1841 census. In the 1851, 1861 and 1871 census, she appears but not in the same household as her husband. In 1851, she appears alone. In 1861, 1871 and 1881, she appears in a household with two people. The other is Thomas H Heath. She is described as his cousin in 1861 and 1881, and as a boarder in 1871. Andre died in 1874. Harriet appears in the 1881 census as a widow.

• 1841 Census: Pentington Cottages, Hercules Bgd, Lambeth, GBC_1841_1057_0430. findmypast

Andre Viollet aged 45, Professeur de Langue, F (foreign)

Harriet Viollet aged 35, N (not born in same county)

Charles Viollet aged 15, F

Harriet Viollet aged 12, F

Edward Viollet aged 9, F

William Viollet aged 7, F

• 1851 Census: Household 66, 19 Kenton Street, St. George Bloomsbury, Finsbury, London, GBC_1851_4304006_00084. findmypast

Harriet Viollett married, aged 50, Annuitant, born at St. Giles, Middlesex

• 1861 Census: Household 165, Hampstead Road, Dorking, GBC_1861_0441_00720A. findmypast

Thomas H Heath head, un, aged 54, Landed Proprietor, born at Chichester, Sussex

Harriet Violet cousin, M, aged 58, Housekeeper, born London, Middlesex

• 1871 Census: Household 162, Bandon Hill, Beddington, Croydon, Surrey, GBC_1871_0852_0052. findmypast

Thomas Heath head, un, aged 64, Annuitant, born at Chichester, Sussex

Harriet Viollet boarder, mar, aged 69, Annuitant, born London, Middlesex

• 1881 Census: Household 200, Castlys Cottages, Beddington, Croyden, Surrey, GBC_1881_4300002_00291. findmypast

Thomas Heath head, mar, aged 74, Annuitant, born at Chichester, Sussex

Harriet Violett cousin, W, aged 79, Annuitant, born London, Middlesex

• Death registration: Harriet Frances Viollet aged 86 died 1st quarter 1888, East Preston district, Sussex, vol. 2C page 245. findmypast

• England & Wales Government Probate Death Index 1858-2019

Harriet Frances Viollet died 12 January 1888, probate date 29 February 1888, linked person Charles Viollet, County: Sussex, Registry: London