Author Topic: Records of Hearings in Chancery & Incumbered Estates  (Read 2562 times)

Offline toedwar

  • RootsChat Member
  • ***
  • Posts: 119
  • Census information Crown Copyright, from www.nationalarchives.gov.uk
    • View Profile
Records of Hearings in Chancery & Incumbered Estates
« on: Friday 23 January 15 04:20 GMT (UK) »
I am researching my 3x Gr Grandfather, John Bateman, Esq. of Oak Park, Tralee, co. Kerry who was the defendent in several hearings in Chancery (1843-1844) and in the Incumbered Estates Courts (ca. 1850-1863).   Does anyone know if it is possible to obtain copies of the court proceedings/arguments?  I have found various notices in Irish newspapers of the hearings and would like to see the actual proceedings, but am not sure where to look.   Tom
Cheshire, Shropshire, Staffordshire, Worcestershire: Edwards, O'Regan, Brewster, Jones, Pitt
Kent: Warde, Francis, Woodgate
Ireland: O'Regan (co. Clare), Bateman (co. Kerry)
South America: O'Regan
Canada (Quebec, NB): Sayers, Sayer, Taylor

Offline glensman

  • RootsChat Senior
  • ****
  • Posts: 382
  • Census information Crown Copyright, from www.nationalarchives.gov.uk
    • View Profile
Re: Records of Hearings in Chancery & Incumbered Estates
« Reply #1 on: Friday 23 January 15 10:12 GMT (UK) »
I will be very interested in a definitive answer but I came across this Google Book of Irish Chancery Reports for 1849, 1850 and 1851:

http://www.mocavo.co.uk/Irish-Chancery-Reports-1849-1850-1851-Volume-1/831813/15#15

The Table of Cases Cited on page vi  lists a case of Bateman v Pender as being on page 694.  I haven't managed to view that page yet.

Offline glensman

  • RootsChat Senior
  • ****
  • Posts: 382
  • Census information Crown Copyright, from www.nationalarchives.gov.uk
    • View Profile
Re: Records of Hearings in Chancery & Incumbered Estates
« Reply #2 on: Friday 23 January 15 10:25 GMT (UK) »
I have now managed to view page 694 and see that the Bateman case is just cited presumably as a precedent.  Unfortunately it is not covered in full there.

Offline glensman

  • RootsChat Senior
  • ****
  • Posts: 382
  • Census information Crown Copyright, from www.nationalarchives.gov.uk
    • View Profile
Re: Records of Hearings in Chancery & Incumbered Estates
« Reply #3 on: Friday 23 January 15 10:35 GMT (UK) »
Lots of historical legal cases available here: http://disputedinheritancecases.blogspot.co.uk/

You might be lucky.


Offline Sonas

  • RootsChat Senior
  • ****
  • Posts: 450
  • Census information Crown Copyright, from www.nationalarchives.gov.uk
    • View Profile
Re: Records of Hearings in Chancery & Incumbered Estates
« Reply #4 on: Saturday 24 January 15 08:11 GMT (UK) »
Whatever records there are should be in the National Archives. They have Chancery pleadings listed on their website. From a bit of Googling though, a lot of these records were destroyed in the 1922 fire. Perhaps another thing to check, once you know of any solicitor involved, is to see if the solicitor's records are available.

Offline GrahamSimons

  • RootsChat Marquessate
  • *******
  • Posts: 3,152
    • View Profile
Re: Records of Hearings in Chancery & Incumbered Estates
« Reply #5 on: Saturday 24 January 15 12:01 GMT (UK) »
I have looked at some Chancery records, so can share my frustrations with you. As I understand it (worth reading Amanda Bevan, Tracing YOur Ancestors in the National Archives on this) the paperwork was not filed in a way that was designed to help the family researcher 150 years or more later! Some of the documents I have looked at are enormous, handwritten on parchment fully one metre wide. I would guess that there would be high costs in getting them copied. Others, from somewhere in the middle of the 19th century, are on paper closer to A4 size and are printed (I think that's because that was the best way of getting multiple copies, rather than laboriously hand-copying). Now the Bill, which launched the proceedings, seems to have been filed separately from Answers from the defendant - and other documents are filed separately again. Tracing all of a particular suit isn't easy and is likely to be time-consuming.
That said, having found one suit via the catalogue I was able to get a good understanding of it by reading only the Bill, the plaintiffs' Affidavits, and the defendants' Answers - something over 100 pages!
I've attached some images so that you can see the sort of documents I've been looking at.
Simons Barrett Jaffray Waugh Langdale Heugh Meade Garnsey Evans Vazie Mountcure Glascodine Parish Peard Smart Dobbie Sinclair....
in Stirlingshire, Roxburghshire; Bucks; Devon; Somerset; Northumberland; Carmarthenshire; Glamorgan