Bedfordshire Archives Service Catalogue
  • Reference
    Z876/3/2/1-2
  • Title
    Indentures of Assignment of leasehold terms and Conveyance by Lease and Release of freehold land in trust Parties (i) Nehemiah Higgs of Old Warden, carpenter, son and heir of Thomas Higgs late of Cardington, yeoman, deceased, Anne Higgs of Cardington, widow and relict of TH, and Daniel Higgs of Cardington, yeoman, son and executor of the will of TH. (ii) Matthew Denis of Kempston, esq. (iii) [William Dearmer: erased], John Woodcraft the elder of Wilstead, yeoman, one of the churchwardens of the parish of Wilstead, Benjamin Farr of Wilstead, yeoman, and Samuel Peet of Wilstead, overseers of the poor. (iv) Samuel Richardson of Wilstead, clerk, William Bedell(s), gent., William Tompkins the younger, yeoman, Nathaniel Peirce, yeoman, William Dearmer, William Cawne, cordwainer, Joseph Dearmer, yeoman, Thomas Costin, yeoman, James Cox, yeoman, and John Woodcraft the younger, yeoman, all substantial freeholders of Wilstead. Recitals Indenture of Demise for 1000 years dated 7 Oct 1606 from Edmond Norwood late of Ecton (Northants.), gent., to Uriah Fentiman of Wilstead, labourer, for a consideration [not specified in recital] of (amongst other lands): (a) acre of arable land being 2 selions in the Home Field in Wilstead on Sutton Furlong between the lands then before of Richard Tompson on the E. and the land then or then late of the Lord of Wilstead on the W. (b) half acre on the hillside in Hill Field in Wilstead, the land then of the Lord of Wilstead on the W. and of Edward Martin E. (c) half acre on Adcocks Hill in the same field abutting E. upon the vicar's headland (d) 2 lands more in the same field containing 3 roods lying together on Dane als. Long Bevington [else Benington] furlong abutting on Ead way, the vicarage land W. and the land then or late of Nicholas Cawn E. (e) two half acres more in Mead field in Wilstead on Mead furlong on the clayside, one end butting W. on the headway and the other end upon Stewards acre. (f) one half acre in Road furlong in the same field abutting on Road way, the vicarage land on the N. Habendum: to UF, his executors etc. for 1000 years from the feast of St. Michael last without impeachment of waste under the yearly rent of 4d.; which said term [it is recited] and premises by conveyance came to and vested in TH as in (i) above. Indenture of Mortgage by Demise for 500 years dated 6 May 1704 from TH to Matthew Denis (amongst others), to secure £60 and interest, of (amongst other land) the land above and also the freehold land released by this deed below. Further charge by demise, for the residue of the above term, dated 26 December 1704, from TH to MD of the same land to secure an additional £80; and a further charge to secure an additional £30. That the loaned sum of £170 remains owing and the estate and interest of MD is still and remains absolute at law for the remainder of the term. Will of TH devising all the land to be conveyed below, freehold and leasehold, to be sold by his executor, Daniel Higgs, who thereby became entitled to the equity of redemption of the premises and the residue of the term of 1000 years after the determination of MD's mortgage term. Will of William Wells late of Barnwell (Northants.), clerk, deceased, dated 3 November 1686 in which (amongst other legacies) he gave and bequeathed to and for the benefit of the poor children of Wilstead the sum of £40 to be paid to the Churchwardens and Overseers of the poor of that parish in trust that they and their successors should contract for and buy land worth or which might be let for 40s. by the year, the assurance of which was to be taken in the names of ten substantial freeholders of Wilstead to be named and chosen by the Churchwardens and Overseers, upon trust and confidence that all the rents of the purchased land be yearly for ever paid to the Churchwardens and Overseers to be employed and bestowed by them 'in putting children of the poorest inhabitants of the parish of Wilstead...to school and paying for their learning according to their directions'; and he directed and appointed that when all but six of the trustees should have died, the surviving trustees should by a new deed convey unto four others with themselves all the trust land to make up the number of trustees to ten again; and that until the £40 could be laid out to such use the money should be put out upon security 'to some honest and substantial person' after the rate of £5 in the hundred, the interest of the same to be employed and bestowed to the above mentioned use. Death of WW; that the £40 has been put out at interest; that the trustees have out of the interest raised and saved £10 which they have added to the principal and that (iii)(including William Dearmer whose name has been erased from the parcels clause above) have with the approbation of the parishioners of Wilstead laid out the £50 in the purchase of the leasehold lands and tenements mentioned above [i.e. (a)-(f)] and freehold land described below, all which are to be settled upon the trusts declared in the will; and the said £50 is agreed to be paid to (ii) in part of his principal of £170 and the interest thereof and he has agreed to enter into this conveyance. Operative part Assignment and transfer from (ii), by the direction and appointment of (i) and (iii) and in consideration of £50 paid to him by (iii) and 5s. apiece paid to each of (i) by (iv), and (i) to (iv) of all the leasehold land described above (i.e. (a)-(f)) habendum for the residue of the unexpired terms of 1000 and 500 years in trust for the uses and trusts relating to the same as recited above. Conveyance and Quitclaim (operative words being 'grant, bargain, sell, remise, release, quitclaim and confirm'), in consideration of the several sums paid as aforesaid, from (i), by and with the direction of (iii), to (iv) of the following freehold parcels of arable land and leys lying dispersedly in and about the open and common fields of Wilstead: (g) in Home Field one land lying in Sutton furlong containing 3r., the town land W. and the land of William Tompkins E. and abutting on a furlong called North Balland . (h) in Hill Field one half acre, the land now or late of Mr. Suggers W. butting down to Houghton Field S.; one rood more thereof lying in North Croft furlong, the land now or late of the said William Bedells on the S. and abutting on a headland belonging to the poor of Ampthill; one half acre more thereof in Brooke furlong, the land now or late of Mr. Edwards on the N. and abutting down on the West Brook. (j) in Mead Field half an acre more thereof on Clayside furlong, the land now or late of Mr. Woodward on the N. and a land belonging to the poor of Ampthill S. abutting upon the Queens highway; one half acre more thereof in the same furlong, the land of Mr. Parker on the N. and the land of Richard Brasier late Higgs S. and abutting upon the Queens highway; one land more thereof in the same furlong containing half an acre, the land of the said Mr. Woodward on the S. and abutting on the Queens highway; one rood residue thereof lying down by Sowell, the land of Mr. Cawn on the N. and the land of Mr.Parker on the S. and abutting on the Mead W. General words clause lists ways, waters, easements, commons, profits, commodities, hereditaments and appurtenances. Habendum to (iv) in fee. Declaration that (a)-(j) are conveyed upon the recited trusts in the will of WW; and standard covenants. Assignment from (ii), in consideration of 5s. paid to him by (iii), with the consent and appointment of (i), to (iii) of all the estate, right, title, interest and terms of years to come and unexpired to the land described above as (g)-(j) [being part of the mortgaged estate recited above] habendum to (iii) for the unexpired residue of the term of 500 years in trust to attend upon and await the inheritance of the freehold premises expectant upon the determination of the term and to protect the same from mesne incumbrances Dorse: receipt, sealing and delivery by (ii) in the presence of William Blewitt and William Houlker; sealing and delivery by (i) in the presence of F. Brace junior, William Goodhall and Grey Arnald; and sealing and delivery by (iv) in the presence of FBj and John Chamber. 4 skins
  • Date free text
    30 Aug/1 Sep 1709
  • Production date
    From: 1709 To: 1709
  • Level of description
    item
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