9. | Harriet Frances JACKSON was christened on 8 Apr 1801 in St Giles in the Field, Middlesex, England (daughter of Thomas Charles COLYEAR and Harriet BISHOPP, daughter of Henry JACKSON and Harriet BISHOPP); was buried on 12 Jan 1888 in Worthing, Sussex, England. Notes:
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 or the late Earl Portmore, praying that certain agreements entered into between the late Earl and hisi 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£, and 19,350£. 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£, and to assign it with some other money, amounting altogether to 20,000£, to Mr. Surman, an attorney, 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 asssigning 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£. Lord Langdale, in giving judgment, observed that it had been contended that the parties were entitled to no releif from a Court of Equity, insamuch as the agreement to assign the 20,000£ to Mr. Surman for the benefit of the natural children have 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 bount to allow the demurrer. (Source: Globe, 1836)
Children:
- 4. Andrew Charles Thomas VIOLLET was born on 29 Jul 1824 in Tours, Indre-et-Loire, France; died in Apr 1918 in Hackney, London, England; was buried on 24 Apr 1918 in Hackney, London, England.
- Harriet Elizabeth VIOLLET was born in 1829 in Boulogne-sur-Mer, Pas-de-Calais, France; died in 1890 in Farnham, Suffolk, England; was buried on 22 Dec 1890 in Aldershot, St Michael-the-Archangel, Surrey, England.
- Edward Henry Allen Fileret VIOLLET was born on 2 Feb 1830 in Boulogne-sur-Mer, Pas-de-Calais, France; was christened on 17 Jun 1830 in Boulogne-sur-Mer, Pas-de-Calais, France; died on 20 Jul 1871 in Bloomsbury, Middlesex, England; was buried on 29 Jul 1871 in St James, St Pancras, England.
- William Henry Jean VIOLLET was born on 22 Jul 1831 in Boulogne-sur-Mer, Pas-de-Calais, France; died on 21 Feb 1869 in Tottenham Court, London, England; was buried on 26 Feb 1869 in Highgate Cemetery, London, England.
|
|