Title
Declaration of Trust by John Elger of 1 Lewes Crescent, Brighton, Sussex
esq confirming that the purchase effected by the deeds of Aug & Sept 1858 was in accordance with his being Trustee of the estate of Thomas Gwyn Elger (TGE), and that the estate is now seized of one equal moiety or halfpart of the estate in those two deeds, and he (JE) holds the other half
Recites lease & release March 1836 from Rev William Greenhill to TGE of Bedford, since deceased, and JE
(a) Messuage in St Paul called The Dragon or Green Dragon and adjoining land commonly called "The Hassetts Estate"
to the use of TGE and JE as joint tenants, or the survivor of them
Recites indenture 20 May 1836 between TGE and JE
Recites that the purchase money of £3,700 for the land in (a) belonged to TGE and JE in equal shares and that Hassetts Estate should be regarded as personal not real estate, the survivor of them upon trust to auction or sell
TGE died 8th April 1840
Recites indenture 1 Sept 1841 between 1) JE and Catherine his wife, and 2) Isaac Elger, surgeon of Bedford, barring dower by Catherine [seeX 876/1/37]
Recites agreement 30 Oct 1840 that 1) John Green, Henry Wilson, Edward Gery, Samuel Rolleston, William Kirkpatrick and Frances Ann his wife agree to sell to 2) TGE for £4,000
(a) Land and closes called "Kirkpatrick Estate"
and TGE afterwards agreed that the estate should be for the joint and equal benefit of his brother JE and should be regarded as personal estate
and that TGE should have power on his own behalf and as agent for JE to sell all or any part of the estate, and if TGE predecease JE, then JE to have the same power
Recites the will of TGE dtd 12 April 1832 devising to George Inskip, gent, and to TGE's brothers JE and IE
(a) all freehold, charterhold and leasehold messuages and land
for the benefit of his wife Emily Elger and his children William Henry Elger, Thomas Gwyn Empy Elger and Catherine Elger then infants, and appointing GI, JE and IE executors
codicils 1836 and 1840 giving any trustee discretionary power to complete
and effect any unfinished contract
Recites TGE died 1840, his will proved at the PCC 12 Oct 1840, without
having completed the purchase of Kirkpatrick Estate, and the exectors directed
that the estate be conveyed to JE
Recites conveyance 19 Sept 1842 between 1) John Green, Henry Wilson, Edward Gery and Samuel Rolleston, 2) William Kirkpatrick and Frances Ann his wife, 3) JE and 4) IE for £4,942 paid by JE of
(a) The Kirkpatrick Estate
to the use of JE
Recites indenture 15 Mar 1858 between
1) William Henry Elger, Catherine Elger and Thomas Gwyn Empy Elger
2) Thomas Cundy
3) JE
The parties in 1) had now attained 21 years, Emily Elger was still living and had not claimed an annuity from the estate, and TGE's freehold and leasehold property had not been sold
Recites CE is soon to marry Thomas Cundy
Parties in 1) ratify all that the Trustees have done; JE to administer the will until seven years after the death or second marriage of EE
Recites indenture 7 Aug 1858 between
1) William Wells Kilpin and William White
2) Elizabeth Lovell
3) Emily Jane Lovell
4) William George Lovell, James Hogarth Balgarnie and Louisa his wife, Mary
Anne Lovell and Caroline Lovell
5) JE
6) Theed William Pearce
for £481 17s paid by JE
(a) messuages in Well St, Bedford St Paul
occ by Mrs Holly, --- Humphrey and Mrs Barnett and delineated in the margin of the [original] deed, to the use of JE
Recites that JE bought the messuages in Well Street, adjoining the Kirkpatrick Estate, with the intention, now carried out, of widening Well Street in order to encourage the Midland Railway Company to erect Bedford Station, which they did, thereby greatly increasing the value of the Kirkpatrick Estate and the unsold portion of Hassetts Estate as building ground. One moiety of this he bought himself, the other came from the Estate
Recites that to improve the Kirkpatrick Estate with a view to its being made available for building, certain parts of it have been made into public roads, at considerable expense to JE in making drains
Recites 27 Sept 1858 between 1) John Baxter, 2) JE and 3) George Gwyn Elger esq for £115 paid by JE to JB of
(a) four cottages fronting Well St south, and abutting Greyfriars Walk or Passage west and Hassetts Estate north and east
once occ by Diana Blackwell and others, lately by Robert Appleby and others, and then untenanted
Recites that the cottages above were purchased with the intention, now carried out, of including the site in Hassetts Estate to increase the value of the estate by gaining a larger frontage on Well St for building purposes. One moiety of this - £115 - JE bought himself, the other came from the Estate
Signed by Edward Winder, Clerk to Messrs Burgoynes, Milnes & Burgoynes, 160 Oxford St, Middlesex, Solicitors