Title
Deed of separation and settlement
i) Thomas Brown, Bedford
ii) Emma Brown, wife of said Thomas Brown
iii) John Deacon, Bedford, baker; Joseph Carrier, Bedford, fruiterer
reciting will of George Graves, Bedford, broker, dated 22 February 1869, by which he bequeathed to wife, ii), then Emma Graves, all his property and furniture and goods in his shop. iii) appointed executors. He died on 16 July 1873. Will proved (Northampton) on 12 December 1873.
ii) married i) at St Paul's Church, Bedford, on 24 September 1873 and there has been no issue of the marriage.
Unhappy differences have arisen between i) and ii).
i) admits that since their marriage 'he has been guilty of such acts as would enable her to obtain a judicial separation from him'. So have agreed to separate
Now is agreed that personal estate of George Graves remaining subject to the trusts of the will shall be applied towards payment of £150 to i) and £14 8s 8d to solicitor of i) in respect of costs
Also i) agrees that ii) may live separate from him and free from his authority and that he will not molest her in any way
Also to further effectuate said agreement ii) releases and i) confirms unto iii)
- (1stly) messuage, cottage etc in Thames Street, in parish of St Cuthbert, formerly in occupation of widow Rainbow, then - Harris, and now of Thomas Linford
width in front 12ft 6ins
width at back 15ft 6ins
E formerly Rebecca Odell and now -
W formerly Mary Smith,now widow Judge
N field of George Higgins
S road known as the Embankment
length 40ft
- (2ndly)messuage in Well Street, once in occupation of Ebenezer Smith then George Graves, and now of i)
- messuage adjoining above in Well Street, late in occupation of George Graves and now of i)
- small piece garden ground
right of way reserved to representatives of Samuel Lovell, deceased, and licence to use well
- (3rdly) piece ground in parish of St Paul fronting Field Lane and Danes Lane but now called Allhallows Lane said piece of land includes half the width of the respective boundary walls at E end and N end
E to W length (Northward side) 63ft 9ins (Southward side)63ft 4ins
N to S width (at W end next to All Hallows Lane) 31ft 7ins (back or E end)25ft 6ins
W All Hallows Lane
N John Baxter
E -, in occupation of Jonathan Chandler
S late John Freeman, now - containing in superfical quantity - 1896ft 6ins
-(4thly) piece leasehold land in Newnham Street, St Cuthbert,Bedford
frontage 20ft 9ins
depth 116ft
N Newnham Street
S - Gery
E Richard Stennett
W William Peer
- messuage standing theron now in occupation of William Clarke
- all other personal estate of ii) or i) in her right to hold, as to property 1stly, 2ndly and 3rdly described, to iii) for ever, subject, as to 3rdly described premises,to mortgage of 1 May 1871, to John Trapp of Bedford, to secure £50 and interest of 5% p.a.
Property 4thly described to be held for residue of term of 1000 years from 12 April 1699, subject to assignment of 26 March 1870 whereby premises were assigned to the Rev. William Rowe, Felstead, Essex, to secure £60 and interest at 5% p.a.
to hold all the property on trust i.e.
property 1stly, 3rdly and 4thly described, to be sold. Proceeds used to pay testamentary expenses etc if personal estate found inadequate
Premises in Well Street, (those 2ndly described) to be kept in repair and insured and let or demised and proceeds paid to ii) for life and during the life of Thomas Brown for her separate use, and after her death in trust as she shall appoint by will.
Otherwise to be sold and distributed by iii) as if ii) had died intestate and unmarried
iii) covenant with i) that they will out of personal estate monies and monies from sale of premises 1stly, 3rdly and 4thly described, pay £150 to i) and £14 8s 8d to his solicitor
Also that ii) will not molest i) or compel him to cohabit with her
If money indequate, then iii) may mortgage premises 2ndly described to make up deficiency, or to keep premises in repair. Power also given to sell 2ndly described premises if necessary
Any surplus money to be invested and income paid to ii) during her lifetime. After her death to be disposed of as aforementioned
Power given to ii) to appoint new trustees
Also iii) covenant with i) that if ii) becomes chargeable to Poor Relief or in any way makes it incumbent on i) to maintain her, they will apply income of trust properties in satisfaction of all monies due to i)
marks of i) and ii), signatures of iii)
endorsed receipt
witnesses W G Carter Mitchell, solr, Bedford
J P Piper, sol, Bedford
Benj Broom, clerk to Messrs Whyley and Piper, Bedford
memorandum as to consent of ii) attached: 5 June 1874
Certificate as to acknowledgement of ii) to above deed 5 June 1874
memorandum as to note of deed having been made in books of the Legacy and Succession Duty Office 3 August 1892.