Tuesday, 19 June 2012

Chancery Court Proceedings on the Estate of David Ivall (1795-1850)

David Ivall (1795-1850) ran a successful coach making business. His will left his house (14 Blomfield Road, Maida Hill) and its contents to his wife Martha until her death or remarriage. Thereafter it went to his eldest surviving son (David James Ivall) subject to him paying £1,500 to be divided between the other surviving children. David’s children were left £1,000 each when they reached 21 years. His wife received the income from the rest of his estate until her death or remarriage. Thereafter the rest of the estate was to be divided equally between his children. The estate duty record gives the value of David Ivalls estate as £35,000 which equates to about £25 million now, estimated in relation to average earnings. The executors of the will were David’s widow Martha Ivall, William James (Martha’s brother) and George Jones.

It seems that David‘s five youngest children were not satisfied with the way that the estate was being administered. They turned to the Court of Chancery, which dealt with civil cases. Its procedure involved the gathering of written pleadings and evidence. The following claim was filed :

1851 No 68 In Chancery, Vice Chancellor Kindersley

Between  :
Martha Ivall, James Bainbrigge Ivall, Emma Ivall, Kate Bainbrigge Ivall and Albert Ivall all of them infants, under the age of twenty one years by Henry Hannam Cort, their next friend, Plaintiffs
Martha Ivall widow, William James, George Jones and David James Ivall, Defendants

The Claim of Martha Ivall, James Bainbrigge Ivall, Emma Ivall, Kate Bainbrigge Ivall and Albert Ivall all of them infants under the age of twenty one years by Henry Hannam Cort of York Street, Portman Square in the County of Middlesex, Surgeon, their next friend the above named Plaintiffs the said several infants Plaintiffs by the said Henry Hannam Cort state, That they are five of the residuary legatees under the Will dated the thirteenth day of November one thousand eight hundred and forty three of David Ivall late of Tottenham Court Road in the Parish of Saint Pancras and County of Middlesex and of No 14 Bloomfield Road, Maida Hill in the said County of Middlesex, Coach Maker deceased who died on the eighth day of June one thousand eight hundred and fifty and that the above named Defendants Martha Ivall widow, William James and George Jones are the executors of the said David Ivall deceased and that the said Martha Ivall widow, William James and George Jones have not accounted for or invested the shares of the residuary personal Estate of the said testator to which the said Martha Ivall, James Bainbrigge Ivall, Emma Ivall, Kate Bainbrigge Ivall and Albert Ivall are respectively entitled the said several infant Plaintiffs therefore by the said Henry Hannam Cort claim to have the personal estate of the said David Ivall administered in this Court and to have their Costs of this Suit and for that purpose that all proper directions may be given and accounts taken.

26th November 1851

(Henry H Cort appears in the 1861 census, aged 55, a General Practitioner, living at 23 Acacia Rd, Marylebone).

The court accepted the plaintiffs’ request to administer David Ivall’s estate and this led to a series of court reports, petitions, decrees and orders (I have found 19 in total) over the next 6 years. They are in the National Archives at Kew.

In many Chancery suits the presiding judge would ask a Chancery Master (a court official) to investigate the evidence (including sworn statements from the parties) and report back to the court. Master Senior prepared a report dated 11 February 1853, which summarised the position. There were debts totalling £7,598 due from creditors to the estate. David James Ivall and Martha James Brisco Ivall had reached 21 and had not yet been paid the £1,000 due to each of them.

Martha Ivall (the wife of David Ivall) died intestate on 13 June 1853 aged 57. Letters of administration for her estate were granted to David James Ivall, her son. He and Anne Caroline Kingston were appointed as the guardians of James, Emma, Kate and Albert Ivall who were under the age of 21. The sum of £100 pa each for the maintenance and education of James, Emma and Kate was approved with £80 pa for Albert.

On 7 July 1854, the court gave permission for Emma, Kate and Albert to visit their brother David “for a period of one month at his residence in Dieppe in the Empire of France, their sister the Plaintiff Martha James Brisco Ivall by her solicitor undertaking to accompany and take charge of them and their Guardian Anne Caroline Kingston, the wife of William Wykeham Kingston, by her Solicitor undertaking that the said Infants shall return within one calendar month from this time.”

The Court approved the apprenticeship of Albert Ivall to James Rock of Hastings, Coach Builder, for 5 years from 26 January 1855 (Alberts sixteenth birthday). James Rock was paid £250 and Alberts wages were set at 6s per week in the first year, 7s in the second, 8s in the third, 10s in the fourth and 12s in the fifth. The amount that his guardians were allocated to spend on Alberts maintenance and education was increased to £130 pa.

David’s six children each received about £5,000 when they reached the age of 21. This was a substantial sum then. Their biographies show that some of them such as David James Ivall, continued to be wealthy throughout their lives whereas James and Albert Ivall were later declared bankrupt.

1 comment:

Unknown said...

Wow, can't imagine how much time/effort must have been involved in finding out all the information here. It's interesting reading about what happened in their lives, makes them all feel much more 'real' as relatives than just lines on a family tree would. I wonder what the compound interest of £35,000 over 170 years would have been in David Ivall had invested it instead though!