Archive:C 22/724/33

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Overview

• Whitney v. Whitney. Between 1649 and 1714

Parties

• Victoria (Clarke) Whitney, widow of Frances Whitney, Gent.

Transcription

Folio 3

Interrogatories to be administered to Witnesses to be examined for _ on the behalfe of Thomas Whitney esq(uie)r plaintiffe against Victoria Whitney widow defendant in a cause now depending in the high court of chauncery betweene the said partyes

1. Inprimis doe you know the partyes pl(ainan)t and def(endan)t And did you know Dame Anne Whitney now deceased the pl(ainan)ts Mother in her life tyme And did you know Francis Whitney gent the pl(ainan)ts brother als deceased in his life tyme How long did you know them or any or eyther of them Declare the truth of your knowledge therin.

2. Doe you know or have you heard that the said Francis Whitney dyed very much in debt? To whom stood he soe indebted and who was bound with him for the said moneys? Was the same served by bond or otherwise? Doe you know or have heard that the pl(ainan)t Thomas Whitney was bound for him as his surety or payd any money for him? How much, and to whom did he pay it and when declare the truth of your knowledge therein.

3. Doe you know or have you heard that the pl(ainan)t intended or gave out that he would sue the now def(endan)t for debt owinge by her to him or by the said Francis Whitney her late husband or eyther of them? and for what sume or sumes of money due from ether of them? And doe you know why he did not sue the said def(endan)t and upon what termes he forbore to doe the same? Doe you know or were privy to any treaty of an Agreement betweene the pl(ainan)t & the def(endan)t or any other person of persons on theyr behalfes in or abouts the moneth of June 1665 or at any other tyme & when? concerning the said debts and concerning certaine differences & suits then depending betweene them in the high court of Chauncery or for what other concerne was it? And what was concluded upon the said Treaty? And whether did they come to any Agreement thereupon? What was the substance of such Agreement? And upon whose desire was that treaty had & moved? Were you imployed by the def(endan)t & Mistress Grace Clarke her mother or eyther of them to desire the pl(ainan)t to come to Wellington the place of theyr habitation where the def(endan)t would use him con________ And did not the said Mistress Clarke severall tymes send to the pl(ainan)t to come to Wel[lington] advising him to come abouts the Tenth of June 1665 when the def(endan)t her daughter would accomplish the age of xxj^ty yeares? Declare the whole truth of yo(u)r know[ledge] & remembrance therein and what you have heard & doe verely believe concernyng the matters in this Interr(ogatory) specifyed.

4. Doe you know or have you heard that the pl(ainan)t Thomas Whitney hath in pursuance of such Agreement payd or tendred to pay any sum(m)e or sum(m)es of money to the def(endan)t Victoria Whitney or tendred to make any settlement upon her in pursuance of such Agreement? How was the same to be settled by lands or otherwise? Was the def(endan)t contented therewith upon the said treaty or agreed thereto or shewed dislike and would not agree thereto? What was done in or towards performance thereof? Declare the truth of your knowledge therein and what you have heard & doe believe concerning the same

5. Doe you know or have heard that the said def(endan)t Victoria Whitney agreed to remitt all arrears of the said Annuity untill the tyme of the Agreement, or was the same to be payd to her? how or in what manner was it to be payd and when? Was it to be payd in the life tyme of the said pl(ainan)t Thomas Whitney or after by his heyre or Executor? Was the same at all to be payd in case he had any issue of his body? And what did they agree relating thereunto and to the former suit depending betweene them? Did the def(endan)t agree to surcease all proceesings therein if the pl(ainan)t would forbeare sueing of her at Law and remitt what debts shee owed to the pl(ainan)t? How much was due to him or confessed to be due from the def(endan)t or her said husband? Did the pl(ainan)t forbeare sueing and remitt or tender to remitt the said debts accordingly? And how and in what maner hath he performed it or tendred to performe the said Agreement? Declare the whole truth of your knowledge thereof and what you have heard & doe verely believe.

F Conyngesbys
W. Badha__g
Peter Smyth

Folio 6

This document was obtained by Adrian Benjamin Burke, Esq. and transcribed by Tim Doyle