Bedfordshire Archives Service Catalogue
  • Reference
    X916/6/2
  • Title
    Various deeds and agreements endorsed on a deed of appointment dated 15th Jan 1874 [badly damaged by water in parts]. Parties: (i) George Evans of the Thatched House Club, Saint James Street, Middlesex, gentleman. (ii) Sophia Mendham of 20 St. Mary's Terrace, Hastings, Sussex, widow. (iii) Said George Evans and Charles William Turner of Dingle Head, Liverpool, Lancashire, barrister at law. Reciting: - Will of Rev. John Mendham (the testator), clerk in holy orders of Clophill Rectory, Beds dated 18th Feb 1864. - Said testator died on the 23rd Apr 1869. - Coins have been given to the Bedford Archaeological & Architectural Society as directed by the recited will. - [next recital is partially unreadable due to water damage] Chancery: George Evans & James Phillips (Plaintiffs) vs. Sophia Mendham (defendant): Decree dated 19th Feb 1870 by which the following enquiries were ordered to be made: (1) Whether £3000 alleged to be secured by the covenant of John Mendham the elder (father of the recited testator) and charged upon 5 Lower Thames Street was then recoverable? (2) Whether Ann Mendham (mother of the recited testator) was liable in respect of interest which has occurred since the death of John Mendham the elder under the covenant in the settlement dated the 22nd Nov 1836 intended on the marriage of the recited testator and Sophia Mendham? (3) Under what circumstances was the lease of the house at Clophill granted to the testator? - Certificate dated the 20th Mar 1871 whereby the Chief Clerk certified: Plaintiffs (executors of the said will) had received personal estate not specifically bequested of £2778/7/6 and had paid or were entitled to be allowed on account thereof sums to the amount of £911/3/2 leaving a balance of £1867/4/5 whereof £400 was deposited by them with Messes. Robarts, Lubbock & Company, bankers at interest; no debt of the testator remains unpaid; funeral expenses of the testator amounting to £108/18/4 had been paid; Ann Mendham (annuitant of the said will) died on the 6th Sep 1870, her legal representatives were the plaintiffs who admitted that the said annuity of £25 had been paid right down to her death; all named legatees of the will were living on the 29th Nov 1870 except Catherine Urwin who died on the 26th Jan 1870 & Mary Pilcher who died and was buried on the 26th Oct 1864 in the lifetime of the testator; the testator certified amongst other things that the lease of the house at Clophill was granted to him and that the said Ann Mendham was not under any liability other than the rent; all real estate which the testator was seized of or entitled to at the time of death consisted of particulars set out in the attached schedule; there was not any incumbrance affecting the said real estate or any part of the sum of £3000 charges on the said house and premises at Lower Thames Street; Plaintiffs had received the rents and profits from the real estate to the amount of £400/1/- and had paid or were entitled to be allowed on account £435/15/4 leaving a balance due to them of £35/15/14 on that account. - Further decree in said cause dated 1st Jun 1871 directing: £3000 said to be charged upon premises in Lower Thames Street was not raisable and (ii) was entitled to the income of the whole of the testator's real & personal estate; Alfred Mendham under the recited will of John Mendham is entitled to the said messuage & warehouse at 5 Lower Thames Street from the liability to raise £300; [next part partially unreadable due to water damage] refers to freehold property in Clophill, Beds expressed to be devised unto and to the use of the testator's cousin Edward Pilcher Mendham; that an enquiry be made into what portion of the sum of £1467/4/5 represents generated income and the plaintiffs are to pay this sum including the interest incurred on the sums of £400 & £35/14/4 to (ii) and invest the residue. - The above directed decree was never prosecuted, instead the said parties mutually agreed on what portion of £1467/4/5 represented income; the interest incurred on the sum of £400 & £35/14/4 was paid to (ii) and £1295/4/5 & £400 was retained by the plaintiffs as part of the capitol of the estate of the said testator and was applied by them as hereinafter mentioned. - Plaintiffs with consent of (ii) sold various parts of the testators personal estate which with the sums of £1695/4/5, £300, £266/13/4, £729, £16 (discount & profits on investments) amounted to the sum of £7714/15/9 - £964/18/4 of this sum to be taxed - £4501 of this sum was invested in North Eastern Railway 4% debenture stock - £2000 of this sum was invested in London & North Western debenture stock - £249/7/5 residue of this sum to remain in the hands of (i) as surviving trustee of the said will. - James Phillips died on the 25th Jun 1873 and (ii) was determined to appoint Charles William Turner to be a new trustee of the will of John Mendham. - Said sum of £249/7/5 is now to be applied to the payment of attending these present and the residue is to be invested in further bank annuities. Operative: - (i) at the request and direction of (ii) appoints Charles William Turner as a new trustee of the will of the late John Mendham, and more specifically: - conveys (a) to (iii) - covenants with Charles William Turner to surrender (b) in to the hands of the respective lords of the several manors. - transfers and assigns (c) to (iii) Property: (a) Freehold & real estate devised unto (i) and James Phillips as trustees under the will of John Mendham (See first schedule) (b) All copyhold land devised unto (i) and James Phillips as trustees under the will of John Mendham (See second schedule) (c) All leasehold property and personal estate devised unto (i) and James Phillips as trustees under the will of John Mendham (See third & fourth schedule) Habendum: - Unto (iii) subject to the trusts, intents & purposes contained in the will of John Mendham; the several customs of the said manors and any lease agreement still in force. First Schedule: 'Freeholds': 1. Lands, outbuildings and premises known as the Ellingham Farm at Great Ellingham, Norfolk containing (inclusive of the copyhold portion) 133a let by agreement dated 11th Oct 1871 between (1) George Evans and James Phillips (2) John Eagling Mann & Mary Mann for the term of 11 years at the yearly rent of £160. 2. House and garden at Sutton Coldfield, Warwickshire let on lease to Mr. James Thomas Smith, surgeon at the yearly rent of £60. 3. House and shop (formerly 3 cottages) at Sutton Coldfield let to Mr. I Hamblet at the yearly rent of £22. 4. House known as Park Lodge at Lower Tooting , Surrey let to Mrs. Woodham's at a yearly rent of £35 5. House, warehouse, gateway and premises at No.5 Lower Thames Street, London let on a lease dated 17th Nov 1836 from John Mendham the elder to John Adam & James Adam for the term of 50 years at a yearly rental of £100. 6. House and premises at Upper Hill Street, Richmond, Surrey let by indenture dated 1st Nov 1855 and made between (1) Rev. John Mendham (2) Mr. H. Burridge for the term of 21 years at the yearly rent of £35. 7. Dwellinghouse, garden and premises in High Street, Clophill, Beds let to Miss Martha Prosser at the yearly rent of £28; two cottages in the same street let to John Webb and John Barratt at the yearly rents of £5/6/- and £5/4/-; Stables, barn, yard and premises known as Coldfield or Clophill yard adjoining the same street let to George Horn at the yearly rental of £7. These premises in High Street were purchased by the said testator on the 16th Aug 1859 for the sum of £867. 8. Six cottages, barns and premises in Back Street, Clophill let to Kedgly, Neal, George Matthews, Henry Gruminell [Gummitt], Coley & George Roberts at the yearly rents of £5, £5, £4/4/-, £4/4/-, £4/4/- & £4/4/-. These premises in Back Street were purchased by the said testator on the 30th Oct 1859 for the sum of £320. 9. Two cottages in Mill Lane, Clophill let to James Wiltshire and Sarah Stevens at the yearly rents of £7 and £3, cottage and barn adjoining the last mentioned premises let to Phoebe Cannington at the yearly rent of £4. These premises in Mill Lane were purchased by the said testator on the 4th Apr 1862 for the sum of £250. 10. A plot of garden ground in Mill Lane containing 32 ½ poles let to Swannell at the yearly rent of £1. This piece of ground was purchased by the said testator on the 1st May 1862 for the sum of £60. Second Schedule: 'Copyholds' 11. The copyhold portion of the said Ellingham Farm, Norfolk comprising about 25 acres in the three manors of Ellingham Rectory, Ellingham Hall and Bury Hall. Third Schedule: 'Leaseholds' 12. House in Little Union Place, Marylebone, Middlesex demised by an underlease dated 19th Dec 1845 between (1) John Mendham the elder (2) William Tilher at the yearly rent of £10/10/-. 13. Two pieces of ground abutting N on Little Union Place together with the messuages and stables erected thereon demised by an underlease dated 19th Dec 1845 between (1) John Mendham the elder (2) Samuel Birt Ainie Bowra & James Taylor at the yearly rent of £13. 14. House and premises formerly 2 Union Place but now 29 Lisson Grove, Marylebone demised by underlease to John Lambert at the yearly rent of £20. 15. House and premises formerly 3 Union Place but now 30 Lisson Grove, Marylebone demised by underlease to William Owen Smith at the yearly rent of £9. All the said under leases dated 19th Dec 1845 were for the respective terms of 99 years. All the leasehold premises are held under three indentures of lease dated the 3rd Dec 1845 between Edward Berkely, Lord Portman and Samuel Birt Ainie Bowra & James Taylor for the term of 99 years at the yearly rents as to premises above described under No.12 & 13 of £-/10/-; No.14: £1 and No.15: £1. 16. Dwellinghouse, coach-house, stable and garden known as 'Clophill House', Clophill and a piece of adjoining meadow land of 2 acres. Held for a term of 14 years from 29th Sep 1869 at the yearly rent of £48 under the indenture of lease dated the 22nd May 1868 and made between (1) William Payne (2) John Mendham. These premises are let to Rev. Cecil Bosanquet at the yearly rent of £55. Fourth Part: 'personal estate' 17. Plate and plated articles 18. Testators coins 19. £1600 bank 3% annuities 20. £900 bank stock 21. £100 shares in Margate Pier and Harbour Company 22. £2000 London & North Western Railway Company Debenture Stock 23. £4501 North Eastern Railway Company Debenture Stock 24. 5 £200 shares in the Union Fire Office of London 25. £249/7/5 cash. - Signed with the seals of (i) & (iii) in the presence of Arthur Bower of 28 Moorgate Street, London, solicitor; & (ii) in the presence of Harriet Marshall of 32 St.Mary's Terrace, Hastings, widow of Rev. [?] Marshall formerly of Holloway. Endorsed on reverse: Deed of appointment dated 7th Nov 1882. Parties: (i) George Evans (ii) Sophia Mendham (iii) Rev. William Twiss Turner of the Rectory [?], Sussex, clerk in holy orders. Reciting: - (ii) is determined to make (iii) the new trustee of the will of John Mendham in place of Charles William Turner, deceased. Operative: - (iii) is appointed new trustee subject to the same conditions as outlined in the deed of appointment dated the 25th Jan 1874. Note: a new schedule of property comprised in or subject to the recited will of John Mendham has been endorsed with this appointment; the following are alterations or additions to the original schedule above: - 2. Let to Mr. Charles Chavasse at a yearly rent of £80 - 3. Let to Miss Orme at the yearly rent of £22 - 4. Let to Mrs. Ann Dufaur Clark at a yearly rent of £35 - 6. Let to R.G. Mumbray at a yearly rent of £60 - 7. Property in High Street, Clophill now let to Fanny Prosser at yearly rent of £28; Two cottages on High Street now let to John Hines & J.Webb for £5/4/- each - Six cottages in Back Street, Clophill now let to Barnett Stimson, George Gummitt, Samuel Page, Calib Roberts, Lucy Cooper & George Roberts at yearly rents of £5, £5, £4/4/-, £4/4/-, £4/4/- & £4/4/-. - 9 is not in this schedule - 10. Let to James Houseden at the yearly rent of £1/5/- - 12. Now in the occupation of the Guardians of St.Marylebon - 13. Now in the occupation of the Guardians of St.Marylebone - 14. Now in the occupation of Mr. Lambert at the yearly rent of £20 - Clophill House at No. 16 is not in this schedule - 25. £37/17/- cash New additions to the original schedule include: - Freehold: paddock or meadow adjoining 3 let to Rev. Albert Smith at a yearly rent of £15/10 except a small portion of about 8 ½ poles contracted to be sold to the London & North Western Railway Company for £100. - Signed with the seals of (i) in the presence of Arthur Bowen of 28 Moorgate Street, London, solicitor; (ii) in the presence of Anne Thomson of St.Leonards on Sea & (iii) in the presence of Philip Boniface of St.Leonards on Sea, servant.
  • Date free text
    15 Jan 1874
  • Production date
    From: 1874 To: 1874
  • Level of description
    item
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