Bill of Complaint 1862

Date: [unknown] [unknown]
Location: [unknown]
Surnames/tags: Vaudrey Galbraith

Contents 1 Proceedings 1.1 Text 1.2 Source 1.3 Transcription

Proceedings

Vaudrey v Galbraith

Text

Whereas heretofore that is to say in or as of Trinity town in the year of our Lord one thousand eight hundred and sixty two James Vaudrey Complainant exhibited his Bill of Complaint in the High and Honorable Court of Chancery against David Stewart Galbraith William Vaudrey William Collier Vaudrey and Octavia Stuart Vaudrey Defendants thereto thereby praying

• 1. That the trusts of the Deed of Settlement of the twenty third of September one thousand eight hundred and forty eight (in the said Bill mentioned) so far as the same then remained to be performed might be administered and carried into execution by and under the direction of the said Court and that all proper directions might be given for the appropriation and investment of the sum of four thousand pounds (in the said Bill mentioned) and that thereupon the consolidated and perpetual five thousand pounds per Cent Stock of the London and Brighton South Coast Railway Company (in the said Bill mentioned) might be ordered to be transferred into the name of the said Plaintiff or as he might direct
• 2. That the rights and interests of the Plaintiff and of all other persons (if any) under the said Deed of Settlement might be ascertained and declared
• 3. That proper provision might be made for the costs of the said Suit
• 4. That for the several purposes aforesaid all necessary accounts might be taken directions given and enquiries made
• 5 That the Plaintiff might have such further or other relief in the premises as the circumstances of the case might require

And whereas the said Defendants were respectively duly served with the said Bill and the said Defendants William Vaudrey William Collier Vaudrey and Octavia Stuart Vaudrey appeared thereto and any appearance at the instance of the Plaintiff was duly entered thereto for the Defendant David Stuart Galbraith as in and by the said Bill reference being thereunto had will more fully and at large appear and whereas upon motion for a decree made on the fourth day of June one thousand eight hundred and sixty three unto the said Court before the Right Honorable the Master of the Rolls by Counsel for the Plaintiff and upon hearing Counsel for the Defendants except the Defendant David Stuart Galbraith and upon reading an affidavit filed the second day of April one thousand eight hundred and sixty three of due notice of the said motion to the said Defendant David Stuart Galbraith An order dated the eighteenth March one thousand eight hundred and sixty three An Office Copy of the Indenture of Settlement dated the twenty third day of September one thousand eight hundred and forty eight extracted from the Books of Council and Session Indenture dated the first day of July one thousand eight hundred and fifty An affidavit of the plaintiff An affidavit or Reginald Amphlett Parker An affidavit of William Kennedy An affidavit of Charles Campbell Hook and William Kennedy verifying the due execution of the Indenture of Settlement dated the twenty third September one thousand eight hundred and forty eight respectively filed the eleventh day of March one thousand eight hundred and sixty three An affidavit of the Reverend William Trend filed the twelfth day of March one thousand eight hundred and sixty three and the several exhibits referred to in the said affidavits

His Honor did Order that

• Pursuant to the Trustee Act 1850 Two new Trustees should be appointed to the said Indenture of Settlement dated the twenty third September one thousand eight hundred and forty eight in substitution for the Defendant David Stuart Galbraith and William Alexander deceased in the Plaintiff's Bill named and in addition to the defendants William Vaudrey and William Collier Vaudrey the existing Trustees of the said Indenture of Settlement
• And it was ordered that the Plaintiff James Vaudrey should pay the sum of four thousand pounds to the Defendants William Vaudrey and William Collier Vaudrey and the new Trustees so to be appointed or should transfer into the names of the said Defendants and the said new Trustees in the Books of the Governor and Company of the Bank of England such a sum of Bank Three pounds per Cent Annuities as should be equal to the sum of four thousand pounds cash to be by them held upon the Trusts of the said Indenture dated the twenty third of September one thousand eight hundred and forty eight
• And it was pursuant to the Trustees Act 1850 ordered that the right to transfer the ten thousand pounds stock of the London and Brighton and South Coast Railway Company in the Plaintiff's Bill mentioned and to receive the dividends thereof should rest in the said Defendants William Vaudrey and William Collier Vaudrey
• And it was ordered that the said Defendants William Vaudrey and William Collier Vaudrey should transfer the said ten thousand pounds into their own names and the names of the persons so to be appointed new trustees as thereinbefore directed
• And it was ordered that the Taxing Master should tax the Plaintiff and the Defendants their costs of the said cause including in the costs of the Defendants David Stuart Galbraith William Vaudrey and William Collier Vaudrey any charges and expenses properly incurred by them as Trustees of the said Indenture of the twenty third day of September one thousand eight hundred and forty eight and upon such payment or transfer being made by the Plaintiff as thereinbefore directed
• It was ordered that the Defendants William Vaudrey William Collier Vaudrey and the persons to be appointed new Trustees of the said Indenture should sell so much of the said ten thousand pounds stock of the London Brighton and South Coast Railway Company as would raise the said costs charges and expenses and out of the costs produced by the said sale should pay the Plaintiff and Defendants the said costs charges and expenses
• And it was ordered that they should transfer the residue of the said ten thousand pounds stock to the Plaintiff James Vaudrey

It is therefore this present day that is to say Thursday the fourth day of June in the year of our Lord one thousand eight hundred and sixty three by the Right Honorable Baron Baron Westbury of Westbury in the county of Wilts Lord High Chancellor of Great Britain and by the High and Honorable Court of Chancery and the power and authority thereof ordered and adjudged that

• Pursuant to the Trustee Act 1850 Two new trustees be appointed of the said Indenture of Settlement dated the twenty third of September one thousand eight hundred and forty eight in substitution for the Defendants David Stuart Galbraith and William Alexander deceased in the Plaintiffs Bill named and in addition to the Defendants William Vaudrey and William Collier Vaudrey the existing Trustees of the said Indenture of Settlement
• And it was ordered and adjudged that the Plaintiff James Vaudrey do pay the sum of four thousand pounds to the Defendants William Vaudrey William Collier Vaudrey and the new trustees so to be appointed or do transfer into the names of the said Defendants and the said new Trustees in the Books of the Governor of the Bank of England such a sum of Bank three pounds per cent annuities as shall be equal to the sum of four thousand pounds cash to be held by them upon the trusts of the said Indenture dated the twenty third of September one thousand eight hundred and forty eight
• And it is pursuant to the Trustee Act 1850 ordered and adjudged that the right to transfer the ten thousand pounds stock in the London and Brighton South Coast Railway Company in the Plaintiff Bill mentioned and to receive the dividends thereof do rest in the said Defendants William Vaudrey and William Collier Vaudrey
• And it was ordered and adjudged that the said Defendants William Vaudrey and William Collier Vaudrey to transfer the said ten thousand pounds into their own names and the names of the persons so to be appointed new Trustees as hereinbefore directed
• And it is ordered and adjudged that the Taxing Master do tax the Plaintiff and Defendants their costs of this cause including the costs of the Defendants David Steuart Galbraith William Vaudrey and William Collier Vaudrey any charges and expenses properly incurred by them as Trustees of the said Indenture of the twenty third of September one thousand eight hundred and forty eight
• And upon such payment or transfer being made by the Plaintiff as hereinbefore directed it is ordered and adjudged that the Defendants William Vaudrey and William Collier Vaudrey and the persons so to be appointed new Trustees of the said Indenture to sell as much of the said ten thousand pounds stock of the London Brighton and South Coast Railway Company as will raise the said costs charges and expenses and out of the sums to be produced by the said sale pay the Plaintiff and Defendants their said costs charges and expenses
• And it is ordered and adjudged that they do transfer the residue of the said ten thousand pounds stock to the Plaintiff James Vaudrey

Source

Published by AALT. ^[1]

Transcription

Walmsley-632 19:11, 3 May 2019 (UTC)

1. ↑ AALT