The Irish Bomfords

Legal Documents re Edith Morris Yescombe

 

Public Record Office

J/4/646

 

1878 P.No 289. In the High Court of Justice Chancery Division

 

In the Matter of Edith Morris Preston otherwise Yescombe an Infant

Affidavit of F.A. Morgan

Dixon Ward & Co 10 Bedford Row

Vice Chancellor Malins

I Francis Augustine Morgan Incumbent of Saint Pauls District Church in the City of Bath and Clerk in Holy Orders make oath and say as follows

1.    I have known Mr Morris Yescombe of No.21 Green Park in the City of Bath M.A. Clerk in Holy Orders ever since I have been appointed to the said Saint Pauls District Church Bath a period of nine years and upwards

2.    I also know the said Infant Edith Morris Preston who has been and is at present time under my instruction and is a Member of the Childrens Religious Class conducted by me

3.    The said Morris Yescombe is a person who occupies a good position in Bath where he has resided for very many years past and I consider him in every respect a fit and proper person to be appointed Guardian and to have the charge and custody of the said Infant Edith Morris Preston

Sworn at the City of Bath in the County of Somerset this 3rd day of December 1878 before me

Francis Augustus Morgan

Geo W Robertson a Commissioner to administer Oaths in the Supreme Court of Judicature

Filed on behalf of the Applicant

6 Decr 1878 141 Dixons No 3029

 

In the Matter of Edith Morris Preston (otherwise Yescombe) an Infant

Affidavit of Jas Murray Dixon

Dixon Ward & Co

10 Bedford Row

Chancellor Malins

I James Murray Dixon Incumbent of Holy Trinity Church in the City of Bath and Clerk in Holy Orders make oath and say as follows

1.          I have known Morris Yescombe of 21 Green Park in the City of Bath M.A. Clerk in Holy Orders for many years past

2.          The said Morris Yescombe resides in my Rectory and has to the best of my information and belief lived in Bath for a period of 60 years and upwards

3.          He was formerly my Churchwarden and is a person of the highest respectability and is in my opinion a fit and proper person to have the Guardianship and custody of the said Infant Edith Morris Preston

Sworn at the City of Bath in the County of Somerset this second day of December 1878 before me

J Murray Dixon

Geo W Robertson a Commissioner to administer Oaths  in the Supreme Court of Judicature

Filed on behalf of the Applicant

6 Decr 1878 141 Dixons No 3030

[Cover not copied]

 

6 Decr 1878  141 Dixons  No 3031

 

In the High Court of Justice  Chancery Division  Vice Chancellor Malins

In the Matter of Edith Morris Preston (otherwise Yescombe) an Infant

I Morris Yescombe of No 21 Green Park in the City of Bath M.A. Clerk in Holy Orders make oath and say as follows

1.          The above named Infant Edith Morris Preston is the Child of Frances Elizabeth Yescombe and my Son Charles Yescombe born before their marriage at Mortlake in the County of Surrey on the twenty ninth day of March 1867 as appears by the Certificate now produced and shewn to me marked A

2.          The said Infant is at the present time possessed of or entitled to a Sum of £500 Capital Stock of the Bank of England under a certain Deed of Trust bearing date the 27th day of November 1878 which said sum of Stock stands in the Books of the Governor and Company of the said Bank of England in the names of myself and William Frederick Ward of No 10 Bedford Row in the County of Middlesex Gentleman as the Trustees thereof

3.          The said Frances Elizabeth Yescombe formerly Frances Elizabeth Preston Spinster the Mother of the said Infant and the said Charles Yescombe were subsequently to the Birth of the said Edith Morris Preston namely on the twenty first day of July 1868 married at the Parish Church of St Anne in the Parish of Limehouse in the County of Middlesex as appears by the certificate now produced and shewn to me marked B but are now and have for some considerable time past been living separate and apart by mutual consent

4.          The said Infant who is now of the age of 12 years or thereabouts has been since the age of 1 year and six months or thereabouts and is still living with me and under my entire care and protection. She has when an Infant of a few weeks old been placed with her Mother in charge and at Nurse with a person named Aldridge in the South of London this person subsequently took the Infant and declined to part with her and I by the expenditure of £100 was only enabled to recover her from that position and with the assent of her Father and Mother took her to my own home where my late Wife looked after her interest and welfare from that time. The said Infant has been during the whole of her subsequent life maintained and educated at my sole expense and at the present period has a professed Governess in attendance upon her provided by me; she also has had and is still having Lessons from a Music Mistress and a Dancing Master; she is a fair French Scholar for her age and her Education is in every respect being thoroughly attended to. She has had until the month of August last the advantages of my late Wife's care and at the present time the attention of my Daughter who has the management of my Household is devoted to her

4.          I know and believe that it is now the desire of the said Frances Elizabeth Yescombe to take the said Infant away from my custody and care and a short time back an attempt was made to carry off the said Infant by force

5.          The said Frances Elizabeth Yescombe is now and has been for a very considerable time almost entirely dependent upon her Friends and Relatives for subsistence and at the present time is residing with her 2 other [Daughters  deleted] Children the Issue of the said Marriage in Furnished Apartments at Lyme Regis in the County of Dorset and if the said Frances Elizabeth Yescombe were to succeed in obtaining possession of the said Infant it would be most detrimental to her present comfort and future advancement in the World as it is totally beyond the means and power of the said Frances Elizabeth Yescombe to bestow on or extend to the said Infant the support comforts education and care she is now receiving and will continue to receive under my Roof

6.          The Parents of the said Infant are both living but are living separate and apart as hereinbefore mentioned

7.          It is the desire of the said Charles Yescombe the father of the said Infant that the said Infant should continue and remain in my custody and under my Guardianship as she has hitherto done and as appears by his letter to me now produced and shown to me marked C

8.          I am willing to act as the Guardian of the said Infant during her minority should the Court see fit to appoint me to that Office and I desire that a Guardian may be appointed in order that the Infant may be protected from attempts to interfere with her residing where she wishes and where her education is being properly cared for

The above facts are within my own Knowledge except where the same otherwise appears in this my Affidavit

Sworn at Number 40 Bedford Row in the County of Middlesex this 29th day of November 1878 before me

Morris Yescombe        

Thos Parker a Commissioner to administer Oaths in the Supreme Court of Judicature

Filed on behalf of the Applicant

 

In the High Court of Justice  Chancery Division  V.C.Malins

In the Matter of Edith Morris Preston (otherwise Yescombe) an Infant

Affidavit of Charles Yescombe

Dixon Ward Letchworth & Weld

10 Bedford Row W.C.

I Charles Yescombe of No.66 Langford Road Haverstock Hill in the County of Middlesex Gentleman make oath and say as follows

1           I am the father of the above named Infant Edith Morris Preston otherwise Yescombe who was born on the twenty ninth day of March 1867 previously to the marriage of myself and my Wife Frances Elizabeth Yescombe

2           The said Infant when about the age of 1 year and 6 months or thereabouts was with my consent and also the consent of my said Wife Frances  Elizabeth Yescombe her mother placed in the custody and in charge of my father Morris Yescombe and she has ever since that period lived with my said father the said Morris Yescombe and has been brought up educated and maintained solely at his expense and in his own house and under his care and supervision

3           It is my desire that the said Infant should continue to remain in the custody and charge of my father the said Morris Yescombe as it would be for her present and future benefit as my said father is desirous and willing to continue the custody maintenance and education of the said Child and I know that he is possessed of ample means wherewith to educate and bring her up in his own station in life and by reason of his status in society I further know that the said Infant would attain a position by living with him which she would otherwise be unable to do

4           And I say that neither I nor my said Wife without the assistance of our friends and relatives have the pecuniary means wherewith to maintain ourselves and our other Children the issue of our said marriage

Sworn at Number 40 Bedford Row in the County of Middlesex this 6th day of December 1878 before me

Charles Yescombe

Thos Parker a Commissioner to administer Oaths in the Supreme Court of Judicature

Filed on behalf of the Applicant

6 Decr 1878  141  Dixon  No 3032

 

In the High Court of Justice  Chancery Division  V.C.Malins

In the Matter of Edith Morris Preston (otherwise Yescombe) an Infant

Affidavit of Morris Yescombe

Dixon Ward Letchworth & Weld

10 Bedford Row

I Morris Yescombe of No 21 Green Park in the City of Bath M.A. Clerk in Holy Orders make Oath and Say as follows

1           I have at various times within the last few months past been in correspondence with Mrs H.J. Bomford of No   Fitzroy Street Cambridge the Aunt of Frances Elizabeth Yescombe the Mother of the above named Infant with reference to the said Infant continuing in my custody and being educated and maintained at my expense

2           Since the swearing of my former Affidavit herein on the 29th day of November 1878 and filed the 6th day of December 1878 I have received from the said Mrs H.J. Bomford the Letter now produced and shown to me marked "A" dated 17th day of December and received by me on the 18th instant wherein the said Mrs H.J. Bomford enquires whether I intended doing anything for the said Infant and expresses her desire that the expense of maintaining and educating the Child should not be thrown upon the family of the said Frances Elizabeth Yescombe the Mother of the said Infant upon whom the said Frances Elizabeth Yescombe is mainly dependent for support

3           And I say the above facts are within my own knowledge except where the same otherwise appears in this my Affidavit

Sworn at the City of Bath in the County of Somerset this twentieth day of December 1878 before me

Morris Yescombe  

Geo Jno Robertson A Commissioner to administer oaths in the Supreme Court of Judicature in England

Filed on behalf of the applicant Morris Yescombe

30th Decr 1878   151 Dixon   3186

 

In the High Court of Justice  Chancery Division  Vice Chancellor Malins

In the matter of Edith Morris Preston (otherwise Yescombe) an Infant

Affidavit of Mrs C. Yescombe

Hopwood & Sons

47 Chancery Lane

I Frances Elizabeth Yescombe of Lyme Regis in the County of Dorset wife of Charles Yescombe make oath and Say as follows

1.    I am the mother of the above named Infant

2.         I am willing that Morris Yescombe the Grandfather of the said Infant should be appointed to act as her Guardian during her minority should the Court see fit to appoint him provided that he exercise personally the care supervision and control of the said Infant and that her education is systematically and thoroughly attended to and that the said Infant be allowed to visit me at my own residence for a certain period yearly

3.         The said Morris Yescombe is now very old and infirm and a widower and the time of his daughter mentioned in his affidavit sworn in this matter must necessarily be very much employed in attending to his wants and the management of his household moreover the said Daughter is young and inexperienced and for these reasons I am extremely desirous that the Court will be pleased to give direction that the said Infant may be properly educated either by a duly qualified Governess or by being sent to a suitable school.

4.         The said Infant has been allowed to live chiefly with the said Morris Yescombe and his family during the last seven years or thereabouts and though I have been very desirous that she should have visited me at my own residence yet I have been able to obtain one visit only from her namely in the month of November last when the said Infant came to visit me at my present apartments in Lyme Regis for 10 days only. I am now extremely anxious that she should periodically so visit me in order that she may cultivate proper feelings of love and filial affection for her own mother

5.         I am entitled to an income of Ninety pounds a year secured to me by a Settlement made after my Marriage of a sum of One Thousand Eight hundred pounds which belonged to me under my late father's marriage Settlement I receive also an allowance from relations sufficient to enable me to support myself and two other children with comfort and if the Court shall see fit to order that the said Infant shall visit me periodically I am in a position to maintain her suitably and comfortably during such periods at my said Apartments at Lyme Regis, where my other Children are living with me.

Sworn at Lyme Regis aforesaid this fourth day of January 1879

Frances Elizabeth Yescombe     

 before me N.S.Ollard A Commissioner to administer oaths in the Supreme Court of Judicature in England

Filed on behalf of Frances Elizabeth Yescombe

 

Public Record Office

J/15/1436‑171

In the High Court of Justice Chancery Division

R.C. Malins at Chambers  ‑  Mr Miene Regr No 70

Wednesday 15th January 1879

P 1878 p.289

In the matter of Edith Morris Preston (otherwise Yescombe) by Morris Yescombe her Grandfather and next friend

Upon the application of the above named Edith Morris Preston an Infant by the said Morris Yescombe her next friend and upon hearing the solicitors for the Applicant for Charles Yescombe the father of the Infant Applicant and for Frances Elizabeth Yescombe the mother of the said Infant and upon reading an Affidavit of Morris Yescombe filed the 6th day of December 1878 and the Exhibit therein referred to an Affidavit of the said Charles Yescombe filed the 6th day of December 1878 and Affidavit of Frances Elizabeth Yescombe filed the 6th day of January 1879 and an Affidavit of Morris Yescombe filed the 30th day of December 1878

It is ordered that the said Morris Yescombe of Number 21 Green Park in the City of Bath Clerk in Holy Orders be appointed Guardian of the said Infant Applicant Edith Morris Preston and do have the custody of the said infant during her minority or until further order.

F.M.

‑oOo‑

Ind/1/14693        Index to Affidavits 1878

Ind/1/14696        Index to Affidavits 1879

1878               

No of Affidavit           

Solicitor    

Folios

Decr 6             

Re Preston

 

   

 

3029

Dixon

4

"

3030

"

4

"

3031

"

14

"

3032

"

6

Decr 30

3186

"

5

1879

 

 

 

Jany 6

"

"

5