C 11/707/4b

The joynte & severall answers of Henry Strudwick Gent & alsoe of Mary his wife an infant under the age of one & twenty yeares by the said Henry her guardian two of the defendantts to the Bill of Complaint of Mary Broughton Widow Complainant

These defendants saveing to themselves now & at all times hereafter all & all manner of benefit and advantage to the manyfold xxx xxxxxxxxxx xxxxxxxxx and xxxxxxxxxx to the said Complainants said Bill of Complaint contayned for answers thereunto, And as much thereof as these Defendants are advised materially concerneth them, these Defendants do make answer

And they Answer and say that they doe believe it to be true that Edward Broughton Esquire in the said Bill named, the said Complainants late Husband & father to this defendant Mary, was in his lifetime & at the time of his death possest of a considerable personal estate

That he left but one son (vizt) Edward Broughton, another defendant in the said Bill named and two daughters (vizt) Theodesia Broughton, another defendant in the said Bill likewise named and alsoe Mary

And that the said Edward Broughton &Theodesia Broughton & this defendant are all infants under the age of one & twenty years (vizt) the said Edward at about the age of seven yeares & the said Theodesia at about the age of eightteen and this defendant Mary about the age of fifteen years

And doe believe that the said Edward Broughton their father did in his lifetime and on or about the time in the Bill for that purpose mentioned, make his last will & testament in which xxx xxxx puport and effect for the Bill in that purpose sett forth

And did afterwards make & publish the codicil to the said will to the purpose & effect in this Bill likewise for that purpose set forth, but for more certainty in the matter will refer to the said codicill when produced

And doo likewise belivee it to be true that the late Edward Broughton the testator afterwards departed this life about the time in this Bill for that purpose mentioned and that letters of Administration of his personal estate with the said Will annexed have been granted to the Complainant during the minority of the said testators children who were made executors of the said will but none of them were of age to take the further of the execution thereon upon them

And that the Complainant by virtue thereof possesed herself of the testators said personal estate and hath over time continued in the management thereof but whither she did therein take the advice of the overseers in the said will named these defendants do not know nor can set forth

And this defendant Henry Strudwick sayeth that he & the said other defendanat Mary his wife were married on or about the 9th Day of December last past and believeth that his said wife was then about the age of fifteen years but sayeth that severall monthes before theire said intermarriage he and his said wife (being relatives) were well acquainted with one another and that he publickly and frequently and almost daily made her visits in the Complainants house with the Complainants knowledge and this defendant belives with her approbation She all along giving this defendant a civill reception and admittance into her and her said daughters company and hath often gone out and left this defendant there with her said daughters giving this defendant as he conceived a favourable opportunity of addressing himself to her said daughter in the way of marriage, which he accordingly made use of

And this defendant Mary sayeth that the complainant having before recommended to this defendant one Mr Smith whome this defendant did not too well like and this defendant being one day at breakfast with the said complainant, her mother, and there being some discourse between them concerning the said defendant, and Strudwick this defendants now husband, the said complainant was pleased to speak very much in his commendation

Whereupon this defendant asked her said mother which of the two of the said Mr Strudwick or Mr Smith she liked best for a husband for this defendant and her said mother was pleased to express herself that she liked the said Mr Strudwick best or to that effect which the more encouraged this defendant to proceed with the said other defendant Henry Strudwick and have high regard with his addresses

And both those defendants say they do not know that the complainant had any other knowledge of or otherwise was consenting to that the said marriage or that the surviving overseers of the said will was acquainted therewith And this defendant Henry Strudwick fuyrther sayeth that in some little time after this defendant said marrying the said complainant gave leave for this defendant and his wyfe to wayte apon her & recceive them both very kindly and continued soe to do for a considerable while during which time there were severall discourses betweeen the complainanat & this defendant touching the way this defendant proposed of living with & maintaining his wife her said daughter in which this defendant did acquaint her that he had a good post in the army under his Majesty the pay whereof was of eight shiliings per day besides other advantages & that he did intend to retire into the country with his wife & live there as well & cheaply as he could apon the profits of his said post & what other fortune he had of his own & the increase of his wifes said legacy which together he hoped would enable them to live happily there tho it would not be sufficient to do it here where the officers of the army are under a sort of obligation to live higher & at greater charge & to make a greater figure & as is soe practiced by them. But the said complainant expressed an utmost aversion against this defendant keeping his said post and retiring with his wife into the country declaring it would break her heart to part with her said daughter and therfore pursuaded he this defendant and sent others alsoe to pursuade this said defendant to part with his said post and tell this defendant that if he will doe soe and live here in town she the said complainant would advance money out of this defendant s wifes fortune or otherwise to buy this defendant some better post or employ in the civill government which should be sufficient to mqaintain them here or to that effect she directed this defendant to look out for such post or imploy and promised to get her friends to do so likewise and this defendant sya that in obedience thereunto and in confidence of the said complainannts performing her said promises he parted with his said post & layd out considerable summes in the furnishing of a house which he took for his and his wifes habitation and her conveniency of lying in (She now appearing to be with child) & in his & his wifes maintenance from the time of his marriage And doth admitt that having thereby reduced his own fortune & expended a great part thereof he did apply to the complainant for an advance out of his wifes legacy according to her repeated promises & might presse her to the performance of them and urge it by acquainting her he could not now maintain her daughter without it & which he must confes he cannot now doe without such advance by reason of his having parted with his said post at the complainants instigation and thereofre lost the opportunity of retiring to and living cheaply in the country apon the profits of it as he first proposed And the complainant from time to time still promised to make this defendant such advance till she understood this defendant had absolutely parted with his said post and thereby wholly incapacitated himself of retiring into the country as aforesaid when the said complainant began to tell this defendant she would advise how & in what manner & with safety she might make this defendant such advance tho, this defendant hath reason to believe she never all along intended any such thing she having (secretly) before, prepared her said Bill of complaint with a contrary intent & set it on the twenty seventh day of february last, as appeared by the day marked on the said Bill for the filing thereof But never acquainted this defendant therewith or served him with any process to answer the same till about a month ago after she was fully satisfied this defendant had absolutely parted with his L8 post in the army and had expended the greatest part of his fortune on or about her said daughter & in his and her maintenance as aforesaid Then she casually tooke an opportunity to fall out with her said daughter & this defendant & to treat them in such a manner as is not fit to be mentioned & further to injure and opress them & caused this defendant and his wife to be served with process to appear and answer the sadi bill and therefore those defendants hope that on the consideration of the whole circumstances of the said matter they may have such allowances out of the said Marys said legacy in the complainants hands or the income therof and for buying a better post or employment as may be sufficient for thiier comfortable support & maintenance or at least to put this Defendant henry Strudwick made as good a post as he was before he parted with his former which he had before his said intermarriage & which he after parted with purely at the instigation of the complainant and upon her promises as aforesaid Without that, that any other matter or thing in this complainants said bill of complaint contayned materiall or effectuall for those defendant to make answer unto & not herein or hereby well & sufficiently answered unto confessed or avoyded traversed or denyed is true to the knowledge of these defendants, all which matters and things these defendants are ready to maintaine & prove at this honourable court and shall award and humbly pray to be dismissed with their reasonable costs & charges in this behalf most wrongfully sustained

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