Title
Release forming a conveyance between:
(i) Anne Greaves of Tottenham, Middx., widow and relict of John Greaves, late of Mark Lane, London, grocer, deceased, and daughter and heiress law of Bartholomew Higgins, late of Northampton, deceased, who was brother and heir at law of Charles Higgins, of the parish of St. Stephen, Coleman Street, London, grocer, deceased
(ii) John Higgins of Turvey House, esquire
(iii) Penelope Garratt of Hornsey, Middx., widow and relict of Thomas Garratt, late of Hornsey, citizen and grocer of London, deceased, and a devisee for life named in the will of the said Thomas Garratt of the premises to be conveyed.
(iv) Redston Warner of Rood Lane, London, grocer; Charles Warner of Eye, Northamptonshire, esquire; George Warner of Rood Lane, grocer, and Edward Linzee of Shrewsbury, Salop, clerk and his wife Caroline, late Caroline Warner, (being the children of Jacob Warner of Hornsey and devisees in fee in remainder of the premises to take effect in possession upon the decease of (iii)).
(v) John Higgins of Turvey Abbey, Jacob Warner, as a trustee named and appointed by John Higgins, and Richard Orlebar of Hinwick House, Northamptonshire, esquire.
(vi) Thomas Webb Whitmarsh of Rood Lane, grocer, the cognizee of the fine to be levied hereinafter recited.
Recitals:
- Will of Thomas Garratt dated 23 Jun 1791 bequeathing and devising to his friends Charles Higgins and William Heathfield all his lands and real estate in Turvey in trust for (iii) and her assigns for and during the term of her natural life, to receive the rents and profits thereof, with power of leasing, and after the determination of that estate to the use of Charles Higgins and William Heathfield, and in trust for and to be conveyed to (iv) as tenants in common; probate of the will dated 2 Apr 1792.
- Death of Charles Higgins on 29 Dec 1792 and by his will of 15 May 1792 devising an estate in Turvey to his cousin, Bartholomew Higgins of Weston Underwood, Bucks and his moiety of the Great Tithes at Turvey to his niece, Sarah Higgins; the remainder to his nephew, John Higgins, of Turvey Abbey, and his lands on the other side of the river in Bucks. to his cousin Thomas Higgins of London Wall, grocer whom he appointed the executor of his will.
- Probate of the will of Charles Higgins dated 1 Jan 1793, but the trusts which devolved upon Charles Higgins by surviourship under the will of Thomas Garratt did not pass by the will of Charles Higgins either to his nephew or cousin, but such trust upon his death descended and vested in (i), which is in doubt, therefore it is considered advisable to derive the title through them, John and Thomas Higgins.
- Will of Thomas Higgins dated 26 May 1801 devising all his lands and real estate to (ii).
- Agreement between (iii) and (iv) for sale by auction of the lands in one lot at the Swan Inn at Bedford on 28 Jul 1810; John Higgins of Turvey Abbey being the highest bidder was declared the purchaser at £17360.
Operative part:
In consideration of £17360 paid by John Higgins of Turvey Abbey to (iii) and (iv), and 10s. paid by Jacob Warner to (i)-(iv) and John Higgins of Turvey Abbey, (iii) and (v) convey, by the direction of John Higgins of Turvey Abbey, to Jacob Warner and his heirs land as in Z 178/15, being Turvey Farm, Bayden Farm, and Abbey Farm, (now in the occupation of John Higgins of Turvey House), Turvey, and also cottages in Turvey and an allotment of land, (5a. 16p.) in Goblin's Hole Field, Turvey.
Habendum:
To the use of Jacob Warner, in trust for John Higgins of Turvey Abbey including a life estate in Richard Orlebar to bar dower in the premises.
Witnesses:
William Osbaldeston, Little Lower Street, John Stephens his clerk, Thomas Fisher, Joseph Asterly of Shewsbury, Attorney, M. Price, his clerk, James Gates, postmaster, Peterborough, George Platel, Attorney, Peterborough, George Cooch, John Garrard.