Title
Abstract of title of Edward William Parker to 26 Priory Terrace, Bedford, listing:
Mortgage of 30 April 1864*
i)William Henry Eastaff, Bedford, carpenter
Thomas Clifton, Bedford, cooper
(executors and devises under will of Wm Eastaff, late of Bedford, deceased)
ii)Samuel Burr, Kempston, farmer
reciting lease and release of 14 December 1819.
a)Charles Purser
b)Wm Eastaff
c)J Lilley
d)J O'Kely
by which lands were granted on such uses as b) should appoint and in default to b) for life with limitation to c) in trust for b) with remainder to use of b)
reciting also lease and release of 28 and 29 December 1831
1)William Eastaff
2)Elizabeth Priest, sp
Consideration - £700 advanced by 2) to 1)
lands secondly described were granted to use of 2) to secure repayment of said £700 and interest
By deed of 29 June 1833 above premises were further charged with £100 and interest.
In September 1836 2) became wife of Henry Mayle and by deed of 15 September 1836,
A)E Priest
B)H Mayle
C)C Short
John Whittingham
being a settlement previous to the marriage of A) and B)
A) granted to the use of C)
-all property 2ndly described upon trusts (and subject to right of redemption)
-2 sums of £700 and £100
C Short died on 11 May 1844.
On 2 February 1846 the 2 sums of £700 and £100 were paid by W H Eastaff but no re-conveyance of the property was made.
William Eastaff by his will of 22 April 1852 devised to
his son, W H Eastaff, described in the will as Henry
William Eastaff, (inter alia)
-2 houses in St Pauls, Bedford then untenanted
-all other real estate
to son for life, and then to executors in trust, for son's wife for life, and then to their children as tenants in common at age of 21. If no lawful children then to nephews and nieces who were living, as tenants in common. Premises charged with £30 pa in favour of wife, Frances Eastaff, for life. Son and said Thomas Clifton appointed executors.
He died on 13 August 1859. Will proved (Northampton) on 3 January 1860.
W H Eastaff never had any child and the only nephews and nieces of testator living at time of his decease were Sophia, wife of Joseph Carrier, Edward Parker, and Ann Frost, widow.
Frances Eastaff, widow, died on 9 April 1861.
In December 1861, W H Eastaff and wife Frances, and T Clifton, filed a Bill of Complaint in Chancery against J Carrier and wife, Sophia, Edward Parker and Ann Frost, and prayed that real and personal estate of William Eastaff might be administered under direction of the Court.
By Decree of 28 June 1862 it was ordered that if personal estate of William Eastaff be insufficient for purposes of said suit, then such amount as Judge should direct should be raised by mortgage or be sold. Personal estate of William Eastaff was insufficient and so £1100 needed to be raised by mortgage.
i)with approbation of Court, have requested ii)to advance them £1100
By deed of - February 1864
I)J Whittingham
II)W H Eastaff
T Clifton
reciting that all principal money had been paid off.
Now I) as surviving trustee, at request of T Clifton, released to W H Eastaff
- property secondly therein described
to hold freed and discharged from mortgage debts.
to hold for life and then to use of II) on trusts as in will
By Order of 4 March 1864 it was ordered that ii) should pay said £1100 into Bank with privity of Accountant General to the credit of the Cause. Also a mortgage should be executed to ii) by i) to secure repayment of said £1100 and interest at 5% pa.
In pursuance of said decree dated 28 June 1862 and Order
of 4 March 1864, ii) on 23 March 1864 paid £1100 into
Bank of England.
Also i) released to ii)
- (secondly)
- - - piece of land in St Paul's on S side of turnpike road from Bedford to Newport Pagnell to Olney
in width from E to W 42 ft
in depth from N to S 150 ft
- - - 2 messages erected by William Eastaff on part of same ground, forming part of 'Priory Terrace'.
W. Edward Berrill
E. George Walker
- - - right of way along road at S side or back of, and contiguous to the ground intended to be granted, of width of 15 ft and extending from E end of same ground, behind Berrill's premises to W end of ground, behind Berrill's premises to W end of ground conveyed to John Howard and then turning Northwards and running of width of 30 ft up into said turnpike road in common with John Howard
ii) to bear proportionate cost of keeping road in repair
to secure repayment of said £1100 and interest at 5% pa
premises to be insured
signed by i)
one witness
Also endorsed on above:
Further Charge of 11 February 1865*
i)W N Eastaff
T Clifton
ii)S Burr
By order of 7 June 1864 it was, among other things, ordered that out of residue of £1100 cash various costs had been paid. If insufficient then to be paid proportionately. The costs of ii) to have priority. Costs and charges of plaintiffs and defendants in the suit to be paid in equal proportions. Any of parties at liberty to apply to raise residue by sale or mortgage of testator's real estate.
Costs etc of case amounted to £438. 17s 10d. Sum of
£314 8s 11d was residue of £1100 and was insufficient for payment in full of said charges. Sum of £277 12s 7d, balance of such residue after payment of fees and costs of ii), had been apportioned between costs of plaintiffs and defendants. £162 18s 9d to be paid in respect of charges of plaintiff and £42 17s 7d to J Carrier and wife Sophia and Ann Cox and £71 16s 3d to Edward Parkin.
ii) had agreed to advance £170 for payment of
balance of costs and subsequent costs, with
interest at 5% pa to be secured by mortgage on real
estate of testator
£73.0s 8d remained due to plaintiffs,£19 4s 5d to defendants, J Carrier and wife Sophia, and Ann Cox and
£32 3s 10d to E Parker
ii) had paid to plaintiffs£73 0s 8d plus £18 for subsequent costs (total £91 0s 8d) and to J Carrier, wife Sophia and Ann Frost,£19 4s 5d plus £9 11s 1d
(£28 15s 6d) and £32 3s 10d plus £11 (£43 3s 10d) to E Parker, and had retained £7 for himself.
Judge has agreed to above
now in consideration of £170
was agreed that
- all lands etc as in main deed should stand charged also with repayment of said £170 and interest as well as said £1100 and interest. Not to be redeemed until both sums repaid
executed by i) with approval of Vice Chancellor, Sir William Page Wood
Also:
Transfer of mortgage of 17 March 1877*
i)S Burr
ii)Winifred Joyce, wife of Joseph Joyce, Kempston
iii)Joseph Joyce
iv)Leverton Jessopp, Bedford
reciting a mortgage for £180 and a further charge of £40 from Jonas Abbot to i) (which do not relate to subject of this Abstract). Said principal sums of £1100, £170, £180 and £40 (total - £1490) are still due to i), but all interest has been paid
now in consideration of £1490 paid by ii) to i) with concurrence of iii)
i)assigned to ii)
-said principal sums and powers for sale for her separate use independent of her husband
-lands etc granted by above recited deeds as she should appoint or to iv) for life in trust for her executed by i) and iii)
Endorsed with Covenant to produce above to George Gray, of 7 June 1879
Also:
Transfer of 4 Mortgage Debts of 19 April 1879*
i)W Joyce
ii)J Joyce
iii)William George Carter Mitchell
Frederick William Webb
(both of Bedford Solicitors)
Principal sums of £1100, £170, £180 and £40 are
still owing (total £1490)
now in consideration of £1490 paid to i) by iii)
i)assigned to iii)
-said sums of money, full benefit of covenants etc
-said lands etc assured by above deeds
to hold to use of iii) subject to equity of redemption
executed by i) and ii).
Also
Transfer of mortgage of 17 February 1883*
i)W G C Mitchell
F W Webb
ii)Mark Whyley, Bedford, gentlemen
The Rev Edmund Fowle of Brickley, Kent, Clerk in Holy Orders
Principal sum of £1270 has sometime since been paid to i) but no transfer of said principal sum or securities for the same had been executed. i) have agreed to make such transfer to ii)
now in consideration of £1270 paid to i) by ii) out of monies owing on joint account
i)as mortgagees assign to ii)
-principal sums of £1100 and £170 (total £1270) and interest
also i) as mortgages conveyed to ii)
-all messages etc assured by said deeds as security for £1270
to hold to use of ii) subject to right of redemption
Also:
Further charge of 20 August 1891
i)M Whyley
G Fowle
ii)Emily Fowle, wife of said Rev E Fowle
£1270 still due and £31 4s 1d for interest. Money belonged to ii) in her own right
now i) as mortgagees assign to ii)
-principal sum of £1270 and interest at £31 4s 1d
and all future interest
-all lands etc assured by said deed
to hold to ii) subject to right of redemption
Also further charge of 29 September 1887*
i)W H Eastaff
ii)M Whyley
Ed Fowle
W H Eastaff as surviving trustee under will of father, Wm Eastaff, deceased, is desirous of executing repairs on 26 Priory Terrace as in the main timbers and outer walls of the brick portion it had become unsafe and dangerous. If not forthwith repaired it would be uninhabitable and fall into decay. Sanitary authorities of Bedford might exercise their powers. Back wall has been shored up.
i)as trustee had requested ii) to lend him £100 to pay for such repairs
now in consideration of £100
i) as trustee agreed to pay to ii) £100 and interest at 5% pa
Also i) conveyed to ii)
- above mentioned lands etc
Property in main deeds should be charged with repayment of £100 as well as £1270.
Also:
Transfer of Further Charge of 20 August 1891* supplemental to above.
i)M Whyley
Ed Fowle
ii)Emily Fowle
£100 is due and owing together with £1.19s 6d for interest
now i) as mortgagees assign to ii)
-principal sum of £100 and £1 19s 6d interest
-all future interest
-all lands comprised in main deed
to hold to use of ii) subject to provisions in main deed
W H Eastaff died on 20 October 1897 and was buried
at Bedford Cemetery.
Certificate of Master in Chambers, 5 May 1898
(1897 E 1309)
In the High Court of Justice, Chancery Division(Mr Justice Kekewick)
In the matter of the Trusts of the will of William
Eastaff, deceased, dated 22 April 1851
i)Edward William Parker, plaintiff
ii)Emma Johnson, widow,
Eliza Quarry, widow defendants
Mary Ann Brooks, wife of Joseph Brooks
Emma Cambers, wife of James Cambers,
Results of enquiry are as follows:
William Henry Eastaff was heir at law of testator, William Eastaff, at time of his (testator's) death on 13 August 1859.
W H Eastaff died on 20 August 1897
E W Parker, a grandson of a sister of the father of W H Eastaff, is entitled to real estate of testator which descended to W H Eastaff.
Evidence adduced consists of a number of affidavits (names of those making them given in deed)
Date of Certificate, 5 May 1898
Also Further Charge of 24 June 1898*
i)Edward William Parker, 126 Cheyne Walk, Chelsea, Middx, architect and surveyor
ii)Emily Fowle
reciting descent of i) to the property
Sums of £1270 and £100 are still due and owing to ii)
i) has requested ii) to lend him £336
now in consideration of £336
i) covenants with ii) to pay £336 and interest at 5% pa.
Property as in main deed should stand charged as security for repayment of £336 and interest as well as £1370 and interest. Property not to be redeemed until all sums fully paid and satisfied.
Also:
Reconveyance of 29 September 1898*
i)Emily Fowle
ii)E W Parker
£1270 and interest has been paid by ii) to i)
now in consideration of sums of £1100 and £170 (total £1370)
i) conveyed to ii)
-all property as in previous deeds
to hold to use of ii) in fee simple discharged from all principal money and interest
Also
Reconveyance of 29 September 1898*
i)E Fowle
ii)E W Parker
supplemental to above
in consideration of all principal money and interest having been paid and satisfied
i)conveys to ii)
-all property comprised in same deed to which abstracting deed was supplemented to hold to use of E Parker freed from all principal money and interest
Also:
death of Sophia Carrier on 29 May 1877
death of Edward Parker on 8 November 1871 and burial at Camberwell
death of Ann Frost on 2 July 1807 and burial at Cardington
Frances Eastaff, 1st wife of W H Eastaff died on 22 August 1867 and was buried at Holy Trinity, Bedford
Emma Eastaff, 2nd wife of W H Eastaff died on 15 March
1895 and was buried at Bedford Cemetery. 1899
[Also included among the deeds and destroyed because of its condition:
Requisitions on Title of 1899, recording some of the
information above eg death of Sophia Carrier etc].