AD518c

CONTINUED FROM AD518b 3. THE MANOR OF CHALTON AND LAND IN CHALTON PURCHASED FROM JOHN POTTS [XXXVII] Will of Edward L'Epine of 8 Sep 1786 in which he, amongst other things, - bequeathed to his son-in-law Robert Montague esquire for the term of his life an annuity of 400 issuing from his real estate in Chalton and Toddington and elsewhere with powers of entry and distress in default; - devised his real estate in Chalton and Toddington in trust for the sole and separate use of his daughter Maria L'Epine sans waste and independent of any husband she might marry; - after Maria's death to any husband she might marry with previous consent of the trustees appointed for her [as below]; - to use of Richard, Lord Viscount Howe, Mary, Lady Viscountess Howe and William Matthews during the life of Maria L'Epine in trust to support contingent uses and estates from being destroyed; - remainder to the use of the eldest son of Maria L'Epine; - remainder to the use of each successive son of Maria L'Epine; - remainder to the use of all the daughters of Maria L'Epine as tenants in common and their heirs; - subject to an annuity of 300 to William Matthews as outlined below; - to the use of Richard, Lord Viscount Howe - proviso that if Richard, Lord Viscount Howe should under the limitations and trusts above become entitled in possession in his own right during the life of William Matthews then the testator gave an annuity of 300 to William Matthews issuing out of all his estates; - appointment of Richard, Lord Viscount Howe, Mary, Lady Viscountess Howe and William Matthews as joint executors and executrix [XXXVIII] Codicil to the will of Edward L'Epine of 30 Jan 1787 - revoking the annuity to his son-in-law Robert Montague and replacing it with an annuity of 400 charged on his capital share stock or property in all or any of the public or government stocks, funds or securities and all his other personal estate except his messuage in Great George Street not specifically bequeathed or disposed of in his will; - revoking the devise of his real estate and gifts, devises and bequests of his leasehold and personal estates regarding William Matthews; - revoking the creation of William Matthews as an executor Proved in PCC on 15 Dec 1788 by Richard, Earl Howe and Lady Mary Countess Howe Note: marginal notes reading: "Query. can this Codicil which is attested by 2 witnesses only revoke an annuity granted by the will and issuing out of the testator's real estate?" and, in another hand, "I think not and I conceive the purchaser may require a release from Mr.Montague, if living, although there appears to be another fund provided for the payment of the annuity and which I presume is sufficient in point of value" [XXXIX] Note that William Matthews died in the life time of Maria L'Epine and of Richard, Earl Howe; that Maria L'Epine died on 30 Apr 1798 intestate, unmarried and without issue thus entitling Richard, Earl Howe, absolutely to the land devised by Edward L'Epine [XL] Will of Richard, Earl Howe of 5 Oct 1796 devising all his real estate in Nottinghamshire, Leicestershire and Middlesex or elsewhere not otherwise disposed of, subject to the payment of two sums of 15,000 each from the Nottinghamshire estate to the use of Henry Strachey and John Drummond upon trusts: - to provide a yearly annuity of 2,000 for the life of his wife Mary, Countess Howe; - for his brother, Sir William Howe, Knight of the Bath sans waste with remainder; - to the first and other sons in tail mail of Sir William Howe, with remainder; - for Mary, Countess Howe during her life, with remainder; - for sale, the funds to be applied as follows: - after deducting the two sums of 15,000, a third part to be invested in securities at interest during the life of his daughter Sophia Charlotte, the interest for her separate use and not subject to any future husband; - after the death of Sophia Charlotte to dispose of the third part among the children of Sophia Charlotte except an eldest or only son, unless he were the only surviving child; - another third part of money arising from the sale to be held in trust to invest in securities at interest during the life of his daughter Louisa Catherine, Countess of Altamont, the interest for her sole and separate use and not subject to her current or any future husband; - after the death of Louisa Catherine to dispose of the third part among the children of Louisa Catherine except an eldest or only son, unless he were the only surviving child; - the other third part of money arising from the sale to be given to his daughter Mary Juliana - proviso that if Sophia Charlotte and Louisa Catherine should die without issue, their share should be paid to the survivors of Sophia Charlotte, Louisa Catherine and Mary Juliana share and share alike Note: marginal note reading "The Bedfordshire Estates are not mentioned in this Devise. Is the word elsewhere sufficient to pass them?" [XLI] Codicil to the will of Richard, Earl Howe of 26 Jul 1797 after noticing the devise in his will of his estates in Derbyshire and Hertfordshire and varying their disposition declared that if his daughters Sophia Charlotte and Louisa Catherine should die without issue the money from sale of estates in Nottinghamshire, Leicestershire and Middlesex should be divided into two equal parts and interest from one part be paid to the survivor of them and at her death to her child or children eligible to receive under the will or, if no children, to Mary Juliana, the other part to his daughter Mary Juliana Proof of the will in PCC on 20 Aug 1799 [XLII] Note that Lady Mary Juliana Howe died in Apr 1800 having made a will dated Nov 1799 stating that she had only 20,000 stock left by her father's will and that share of his property left her should go to her two sisters and leaving 10,000 of stock to Mrs.Parker for her life then to her daughters, the will being proved by Mary, Countess Dowager Howe and after her death the Baroness Howe and Marchioness of Sligo took administration de bouis non to Lady Juliana [XLIII] Will of Mary, Countess Howe, widow of Richard, Earl Howe of 8 Jun 1800 devising the residue of her personal estate including the sum of 10,000 in annuities which she had covenanted to pay by an indenture of June 1800 to Robert Curzon and John Drummond in trust as below: - one half upon trust to invest in stocks or securities to pay interest to her daughter Charlotte, Baroness Howe for her sole use independent of any husband and after her death to transfer the principal to her children, except an eldest or only son, in equal parts - payment to the daughters being at age 21 or marriage whichever was the earlier, payment to the sons being at age 21 - and if none of the intended recipients survives to inherit then the principal should be paid to eldest or only son at age 21; - the other half upon trust to invest in stocks or securities to pay the interest to those whom her daughter Louisa, Countess of Altamont should, during the lifetime of her husband, specify, or, if she make no provision for this, to herself for her sole use and after her death the principal to be paid to her children, except an eldest or only son, unless he was the sole survivor [XLIII] Appointment of her daughters Sophia Charlotte, Baroness Howe and Louisa, Countess of Altamont as executrices Proved in PCC on 21 Aug 1800 [XLIV] Indentures of lease and release and settlement of 29-30 Sep 1812 between: (i) Right Honorable Sophia Charlotte, Baroness Howe, widow of Honorable Penn Asheton Curzon esquire, (ii) Jonathan Wathen Phipps, esquire, (iii) Thomas Lane, esquire and John Lane, gentleman Reciting - an intended marriage between (i) and (ii) and that she was entitled to some estate and interest in reversion under the will of her father Earl Howe, deceased, expectant on the decease of her uncle, William, Viscount Howe (see [XL] and [XLI] above); - it had been agreed that and real and personal estate to which (i) was entitled should be settled for her absolute use Witnessing - (i) released to (iii) that sixth part of real estate to which (i) was entitled in reversion or remainder under the will of Earl Howe, deceased, expectant on the death of her uncle in trust to the use of (i) until the marriage; - (i) assigned to (iii) that portion to which she was entitled from the sale monies of the estates at Langar [Nottinghamshire] and elsewhere and all other personal estate to which she was entitled in trust for (i) until the marriage; - after the marriage (iii) would stand seized of all real and personal estate in trust for (i); Proviso for (ii) indemnification against any debts of (i) Power for (i) to act with regard to the settled estates without the control of (ii) [XLV] Indentures of lease and release of 8-9 Apr 1813 between (i) Louisa Catherine, Marchioness of Sligo, (ii) Right Honorable Sir William Scott, (iii) Right Honorable Jacob, Earl of Radnor and Right Honorable Hugh, Viscount Carleton, (iv) Right Honorable John, Lord Eldon, Baron Eldon, Lord High Chancellor of Great Britain and Honorable Thomas Windsor Reciting - that (i) was seized of a mansion and hereditaments in Hertfordshire and elsewhere and by virtue of the settlement made before her marriage with Lord Sligo was possessed of an annuity of 15,000 secured by mortgage on hereditaments in Langar [Nottinghamshire]; - (i) was possessed of other personal estate and entitled to have property conveyed to her on the death of William, Viscount Howe; - Bond of 31 Jan 1812 binding (i) and Peter, Marquis of Sligo to John Martin, George Stone and James Martin for 10,000 for securing a loan to them of 5,000 and interest on 1 Feb 1814; - Bond of 12 Jan 1813 binding (i) and Peter, Marquis of Sligo to John Martin, George Stone and James Martin for 12,000 to secure a loan of 6,000 with interest; - a marriage between (i) and (ii) had been agreed Witnessing (i) released to (iii) certain freehold hereditaments in Hertfordshire and all other messuages of (i) in other counties in trust for (i) before marriage and after marriage: - the mansion house called Porters Lodge occupied by (i) to certain uses therein mentioned; - the residue of her lands to the use of (iv) for 500 years upon trusts and after expiry or sooner determination to the uses (i) might express in a deed or will; - in default to (iii) upon trust during the joint lives of (i) and (ii) to pay rents and profits to anyone (i) might appoint; - in default to (i) for her separate use exclusive of (ii); - in trust for (i) in fee - declaration that premises in possession of (iv) for the term of 500 years was so limited upon trust that (iv) should raise from the lands sums sufficient to satisfy (ii) of all costs and expenses sustained in consequence of the bonds to John Martin, George Stone and James Martin; - (i) with the consent of (ii) assigned to (iii) the interest on the sum of 15,000 and all other personal estate, except two leasehold messuages, in trust for (i) until marriage and after the marriage: - the 15,000 - to trusts therein mentioned; - all other personal estate - to (iii) upon trusts as below: - that from it they should raise sufficient sums to pay (ii) all costs and expenses sustained in consequence of the bonds to John Martin, George Stone and James Martin; - any actions appointed by (i) by deed or will; - in default upon trust for (i) and (ii) to pay interest etc. to anyone appointed by (i); - in default to (i) for her sole and separate use; - if (i) survived (ii) then to the uses appointed by (i); - if (ii) survived (i) then upon trust for (i)'s next of kin as if she had survived (ii) and died intestate [XLVI] Note that William, Viscount Howe died on 12 Jul 1814 without issue [XLVII] Indorsement on [XLV] that John Martin, George Stone and James Martin acknowledged payment by Howe Peter, Marquis of Sligo the sums of 5,000 and 6,000 secured by bond [XLVIII] Indentures of 8-9 Sep 1815 from John Drummond, to Hugh Richard Hoare of Fleet Street, City of London, banker, William Pearce of Richmond [Surrey], esquire and Thomas Metcalfe of Lincoln's Inn [Middlesex], esquire Reciting - [XL]-[XLIII] above; - appointment of John Aubin as trustee under the will and codicil of Mary, Countess Howe, in place of (i); - marriage of Sir Jonathan Wathen Waller [should read Jonathan Wathen Phipps?] and Baroness Howe; - marriage of Sir William Scott with Marchioness of Sligo; - that in Jul 1803 a messuage in Epperstone [Nottinghamshire] was pulled down and the materials disposed of by Sir Henry Strachey and (i) along with sale of part of the testator's devised estate in Middlesex ; - death of Sir Henry Strachey on 30 Dec 1809; - death of William, Viscount Howe on 12 Jul 1814 without issue; - Sophia Charlotte, Baroness Howe had issue by Penn Asheton Curzon, her first husband - a son and Marianne Curzon; - Louisa Catherine, Marchioness of Sligo had only one child - Howe Peter, Marquis of Sligo; - in Hilary Term 1815: Sophia Charlotte, Baroness Howe; Louisa Catherine, Marchioness of Sligo; Jacob, Earl of Radnor and Hugh, Viscount Carleton; Howe Peter, Marquis of Sligo; Sir William Scott; Sir Jonathan Wathen Waller; Mariann[e] Curzon; Thomas Lane and John Lane; Robert Curzon and John Aubin filed their Bill of Complaint against (i) in High Court of Chancery which case was heard on 28 Jul 1815 when it should be referred to Mr.Jekyll, a Master of the Court to appoint someone to be trustee or trustees of the trust estate and property of Richard, Earl Howe in place of Sir Henry Strachey and (i) and that (i) should convey the several trust estates to the new trustee(s); - Master Jekyll on 17 Aug 1815 reported that he had had Hugh Richard Hoare, William Pearce and Thomas Metcalfe presented as proper persons to be trustees, to which he agreed; - Order of Court of Chancery of 18 Aug 1815 appointing HRH, WP and TM as new trustees Witnessing - in consideration of 10/- and the Order of the Court of Chancery JD released to HRH, WP and TM the several manors etc. in Nottinghamshire, Leicestershire, Middlesex and Hertfordshire or elsewhere in Great Britain, late the estate of Richard, Earl Howe except for certain premises in Hertfordshire, a messuage in George Street, Hanover Square sold to Charles Greville, a house at Epperstone which had been pulled down and certain properties in Middlesex which had been sold to hold in trust [XLIX] Will of Louisa Catherine, Marchioness Dowager of Sligo of 3 Feb 1816, reciting that under [XLV] above she was authorised to devise and bequeath all her real and personal estate in any way she thought proper and thus directed that her trustees, Jacob, Earl Radnor and Hugh, Viscount Carleton immediately after her death but subject to the life estate of Sir William Scott as was reserved to him in [XLV] should: - give all her real and personal estate to her named executor [her son] Howe Peter, Marquis of Sligo; - upon trust to pay George Caldwell of Jesus College, Cambridge an annuity of 300; - to pay her maid Ann Hollis an annuity of 50; - to pay John and Mary Bliss, or survivor of them, an annuity of 30; - to pay Count Joseph Constantine William John Ludolf the lump sum of 2,000; - to pay her sister Charlotte, Baroness Howe the lump sum of 100; - to pay Honorable Marianne Curzon the lump sum of 100; - to pay Honorable Richard Penn Curzon the lump sum of 100; - to pay her step son William Scott esquire the lump sum of 100; - to pay Rev. Peter Brown, Dean of Ferns the lump sum of 100; - to pay George Clindining esquire of Westport, Ireland the lump sum of 100; - to pay Thomas Metcalfe, esquire the lump sum of 3,000; - to pay Honorable Sophia Walpole the lump sum of 500; - to stand possessed of the residue of her real and personal estate in trust for himself Special administration granted by PCC on 20 Oct 1817 [L] The following notes occur at the end of the abstract and are described as Hand A, Hand B etc. - [Hand A] "Mr.Cooper having purchased Lots 1 and 2 in the annexed particulars of sale Mr.Sanders will please to peruse this abstract and advise on the title and state the necessary parties to the conveyance" - [Hand B - Mr.Sanders] "I have perused this Abstract. I should wish to see a copy of the will of James Hibbins dated 17th day of May 1774 [recited in [XIX] above] in order to ascertain, that the Trustees na[med] in it were authorised to give a discharge for the purchase money. The will of Adam Gladman, if he made any, should be seen for the purpo[se] of shewing that the legal estate did not pass by it. The Term of 500 years assigned to John Fox in 1784 [[XXXIV] above] and the Term of 1,000 [years] assigned to George Pearson in 1779 [[XX] above] should be assigned to attend the Inheritance. Altho' I think that under the words "or elsewhere" used in the will of the l[ate] Earl Howe, the reversion in fee of the Bedfordshire estate passed, it would be satisfactory to obtain the concurrence of the Earl's Coheirs and those claiming under them. Supposing the reversion in fee did not pass by the will, then I apprehend, one moiety of the estate is vested in Messrs Thomas and John Lane In Trust for the separate use of the Baroness Howe, and the other moiety in the Lords Radnor and Carleton In Trust for the Marquis of Sligo, subject to the Term of 500 years in Lord Elden and Mr.Windsor [[XLV] above] (if subsisting) and to the annuities and legacies bequeathed by the late Marchioness' Will. It should be ascertained that at the time of the award William, Viscount Howe had no property at Chalton, besides the estate included in this abstract [torn portion]. Identity of the estate must be ascertained. Subject to the above observations and to the notes in the [torn portion] objection to this Title - [Hand A] On the Indenture of 2nd June 1763 [[XVI] above] (folio 20 of this Abstract) is indorsed an Assignment of the Term from Thomas Shuttleworth the administrator of James Lucas dated in 1777 but without month, a day and not executed - which unexecuted assignment recites a mortgage in fee from the within named James Hibbins to one Philip Case of the premises comprised in this Abstract for securing 1,000 and not bearing even date with such assignment with a proviso for repayment on 24th December then next. This mortgage in fee is not mentioned in any of the other Deeds nor does the name of Philip Case occur in any part of the Abstract - James Hibbins the Mortgagor died previous to October 1777 - his will having been proved on 11 October 1777 - the Devisees named in his will sold the Estate to Mr.Edward L'Epine which was conveyed to him by Indentures of lease and release of 24 & 25 March 1779 [[XIX] above] and on the Indenture of Assignment of 2nd June 1763 [[XVI] above] is also an Indorsement dated the 25 March 1779 [[XX] above] whereby the said Thomas Shuttleworth assigned the residue of the Term to Mr.George Pearson In Trust for Mr.L'Epine - when Mr.L'Epine completed his purchase all the Title Deeds relating to the Estate were delivered to him and the Vendor's Solicitor states that no claim has ever been made in respect to the Mortgage to Mr.Case. the Assignment is left herewith. Your Opinion is requested whether the production of the Mortgage in Fee to Mr.Case is necessary to complete the Title or whether any and what Evidence should be produced respecting such Mortgage?" - [Hand C - L.M.May, clerk to Mr.Sanders?] " From the circumstances, that the assignment of 1777 was not executed by Shuttleworth, and that all the title deeds were delivered to Mr.L'Epine in 1779, an inference seems to arise, that the mortgage to Case was either never executed or subsequently satisfied; but I think a purchaser should have just evidence of the fact. Reference should be had, if possible, to the solicitor, who prepared the instruments of 1777 or to his books. He was probably the Solicitor of Mr.Case: and any evidence, which may be obtained, should be supported by affidavits. L.W.Sanders 27 February. L.M.May" - [Hand D - H.. J.Metcalfe] "The statement of account left herewith has been found amongst the late Mr.L'Epine's papers relating to the Chalton Estate - Mr.Broome[?] appears to have been Mr.Hibbins' solicitor and the item of the allowance of a quarter interest on the proposed Mortgage money we apprehend will be sufficient to satisfy Mr.Saunders that the mortgage to Case was never executed. We beg to observe that at the time of the execution of the Assignment of March 1779 [[XX] above] by Mr.Shuttleworth that person as well as Mr.Adams & Mr.Pearson the witnesses to his Signature who were both Solicitors of eminence (the former the person alluded to in the Statement of Account and the latter concerned for L'Epine in this purchase) must have had notice of the contents of the intended Assignment of 1777 and had all these persons not been fully satisfied that the mortgage to Mr.Case was never executed Shuttleworth himself would nor would either Mr.Adams or Mr.Pearson have allowed him to - have assigned the Term to Mr.Pearson in trust for Mr.L'Epine. All the parties to the transaction have been dead many years it is therefore impossible to produce any affidavit of the non-execution of the Mortgage to Case. H.. J.Metcalfe, Lincoln's Inn 1 March 1819" - [Hand C] "There is sufficient to satisfy me individually, that the Mortgage to Case was not executed; but I think the purchaser should require an affidavit from the gentleman concerned for the Vendor, that the mortgage to Case was never heard of, and I think application should be made to Mr.Pinniger[?], who, I believe, succeeded Mr.Broome, for information on the subject, as he is probably in possession of Mr.Broome's books, in which it is probable the transaction will appear. L.W.Sanders..." - [Hand A] "In Mr.Broome's Books there is a Bill for preparing the mortgage in question in which there is no charge for attending the Execution of the Deeds - there is also a Copy of an account between Mr.Broome and the Executors of Mr.Hibbins in which there is a charge made for payment to Mr.Case of a Quarter Interest for the time the proposed mortgage money lay in [unreadable word] - the vendors' solicitors have also made an affidavit that no Interest was ever paid by them on such Mortgage nor any such [unreadable word] come into their custody" - [Hand C] I think this evidence satisfactory. The purchaser should have an attested copy of the contract from Mr.Piniger's[?] Account Book. LWS" [LI] [Indorsed on folio 88 of the Abstract] Lease and release of 18-19 Jan 1819 from Messrs Horace Pearce & Metcalfe, trustees under the will of Richard, Earl Howe to William Dodge Cooper Cooper, esquire [LII] [Indorsed on folio 88 of the Abstract] Assignment of 19 Jan 1819 Two Terms of Years in Trust. The personal representatives of George Benson and also John Fox esquire by direction of the Trustees under the Will of Richard, Earl Howe to Hugo Arthurton[?] esquire "A Brown paper parcel of Deeds marked "A""

From: 1786 To: 1819

item

L'Epine, Edward,
Montague, Robert,
L'Epine, Maria,
Howe, Mary, Viscountess,
Matthews, William,
Strachey, Henry,
Drummond, John,
Howe, William,
howe, sophia charlotte,
Altamont, Louisa Catherine, Countess of,
Howe, Louisa Catherine,
Howe, Mary Juliana,
Parker,
Curzon, Robert,
Howe, Sophia Charlotte, Baroness,
Curzon, Penn Asheton,
Curzon, Sophia Charlotte [Baroness Howe],
Phipps, Jonathan Wathen,
Lane, Thomas,
Lane, John,
Sligo, Louisa Catherine, Marchioness,
Scott, William,
Windsor, Thomas,
Martin, John,
Stone, George,
Martin, James,
Hoare, Hugh Richard,
Pearce, William,
Metcalfe, Thomas,
Aubin, John,
Waller, Jonathan Wathen,
Curzon, Marianne,
Jekyll,
Greville, Charles,
Caldwell, George,
Hollis, Ann,
Bliss, John,
Bliss, Mary,
Ludolf, Joseph Constantine William John, Count,
Curzon, Richard Penn,
Brown, Peter,
Clindining, George,
Walpole, Sophia,
Cooper,
Sanders,
Hibbins, James,
Gladman, Adam,
Fox, John,
Pearson, George,
Shuttleworth, Thomas,
Lucas, James,
Case, Philip,
May, L.M.,
Sanders, L.W.,
Broome,
Saunders,
Pinniger,
Horace Pearce & Metcalfe,
Cooper, William Dodge Cooper,
Benson, George,
Arthurton, Hugo,
Howe, Richard, 4th Viscount,
Howe, William, 5th Viscount,
Radnor, Jacob Pleydell-Bouverie, 6th Earl of,
Carleton, Hugh, 1st Viscount,
Eldon, John Scott, 1st Baron,
Sligo, John Denis Browne, 1st Marquis of,
Sligo, Howe Peter Browne, 2nd Marquis of,
Howe of Langar, Richard William Penn Curzon, 2nd Earl,
Howe of Langar, Sophia Charlotte, Viscountess

Edward will: L'Epine, legal papers, deaths, annuities, Mary will: Howe, Countess, marriage settlements, Chalton Manor, banker, Chancery, Louisa Catherine will: Sligo, Marchioness, servants, maid, clergy names index, Chalton, TODDINGTON, Westminster Great George Street, Nottinghamshire, Leicestershire, Middlesex, Derbyshire, Hertfordshire, Langar, Epperstone