Reference
X892/4/1
Title
Conveyance
Parties:
(i) Charles Lewin of Watford [Hertfordshire], esquire; Charles Ehret Grover of Hemel Hempstead [Hertfordshire], gentleman;
(ii) Mary Whittingstall of Leagrave Lodge, Cheltenham [Gloucestershire], widow;
(iii) Richard Palmer, esquire; Henry Young of Essex Street, Strand [Westminster], gentleman
Reciting:
- mortgage of 6 Jul 1851 in which Edmund Fearnley Whittingstall borrowed from Charles Ehret Grover, John Thomas Grover and Lewis John Way on security of (a);
- will of Edmund Fearnley Whittingstall of 23 Nov 1855 in which Jonathan King, Charles Lewin and Charles Ehret Grover were trustees and executors (except regarding any business of his bank at Hemel Hempstead) and in which the testator gave all his freehold real estate to his executors, subject to payment of legacies etc., in trust for sale;
- death of Edmund Fearnley Whittingstall on 13 Mar 1856 and proof of his will in PCC on 24 Apr 1856;
- deed poll of 15 May 1856 by Jonathan King renouncing trusteeship and executorship;
- (i) sold a large part of the real estate of Edmund Fearnley Whittingstall to pay off the mortgage and other debts and on 15 May 1857 assured his remaining real estate to themselves as trustees to the uses of his will;
- (i) sold Whiston Farm, Clifton at auction on 13 Jun 1857, (iii) being the highest bidder for Lot 3 for 760;
- the sale particulars indicated that Whiston Farm was subject to a quit rent of 5/4 payable to the Lords of the Manor of Holme with Langford of which the share of Lot 3 was 4d.;
- Whiston Farm as a whole was in occupation of George Neal at a rent of 212 per annum, the share for Lot 3 being 15;
- Chancery Action between (ii) and Charles Lewin, plaintiffs and Charles Ehret Grover and others, defendants in which it was stated on 30 Oct 1856that the real estate of Edmund Fearnley Whittingstall was of very great value, that the purchasers had not yet finished their purchases and that (ii) was entitled to dower on a large part of the real estate, but, owing to the large amount of claims against the testator's estate by creditors was unable to determine whether to take against the will; Order of 26 Aug 1856 that trustees could accept a release of (ii) of her right of dower out of the trustees' real estate without prejudice to her right to take against the will and that she should have a lien for dower on purchase monies arising from the estate;
- affidavit of 20 Nov 1856 of Thomas Lavender of Watford, auctioneer that the trustees had put scheuled real estate of Edmund Fearnley Whittingstall up for sale, including Whiston Farm, sold to (ii) on 30 Jun 1856 exclusive of timber rights for 760;
- Decree in Chancery of 26 Jan 1857 that sales of real estate noted in affidavit of Thomas Lavender were beneficial sales that (i) had liberty to make and (ii) had liberty to concur in under terms of Order of 26 Aug 1856, (i) to receive purchase money, pay off the encumbrances on the land concerned and deposit the rest of the money in the bank;
- timber had been valued at 55
Operative Part:
- (iii) paid 815 (760 and 55) to (i);
- (i) conveyed and (ii) assured to (iii)
Property:
(a) Cottage called Bakerwig with garden in Clifton insuccessive occupations of William Neal, Samuel Neal and George Neal and close below Bakerwig containing 18 perches, being an ancient inclosure;
(b) close of meadow called Bakerwig adjoining (a) and containing 7a 0r 24p being ancient inclosure and in successive occupations of William Neal, Samuel Neal and George Neal
(a)-(b) shown on included plan and forming part of Whiston Farm
Habendum:
- to (iii) subject to payment of yearly quitrent of 4d. to Lords of the Manor of Holme with Langford
Covenant:
- (ii) covenanted to enact and deed extinguishing her dower rights in (a)-(b) at request of (iii)
Witnesses:
- Charles Waring Young of 12 Essex Street, Strand;
- H.G.Lewin of 32 Southampton Street, Strand
Date free text
15 May 1857
Production date
From: 1851 To: 1857
Level of description
item