Reference
X284/19/3
Title
Order in Chancery, confirming Report
Parties:
(i) Rev.William Thorold and Frances his wife, Edmund Antrobus Coutts TRotter and Edward Marjoribanks, plaintiffs;
(ii) George Stinton and others, defendants
Recitals:
- Edmund Antrobus Coutts Trotter and Edward Marjoribanks preferred a petition to Lord Chancellor on 20 May 1813 citing an Order of 13 Mar 1813 in which the case was referred to Master Harvey for consideration as to whether EACT and EM should attempt recovery of several Manors on behalf of their client, a beneficiary under the will of Dame Charlotta Fawcett [see X284/20/3];
- Master Harvey made a report on 6 May 1813 in which he found that:
- part of the copyhold premises, a house and homestead of 1a 1r 28p (sold as part of Lot 4 of Charlotta Fawcett's lands in pursuance of a Decree of 12 Jun 1806), closes containing 22a 3r 17p (sold as part of Lot 5) were part of Manor of Cainby cum Glentham [Lincolnshire] and situate in Glentham;
- Robert Dixon (maternal grandfather of Charlotta Fawcett) had been admitted tenant to the two above properties on 2 Apr 1728 on surrender of William Clough and Maria his wife;
- enclosure award for Glentham of 1762 or 1763 awarded the same land to Robert Dixon for 99 years according to custom of the Manor;
- several closes containing together 71a 3r 32p (included in Lot 4) in Glentham were held of Manor of Cainby cum Glentham by Robert Dixon, who was admitted on 2 Apr 1756 on surrender of John Woodroffe the younger and enclosure award of 1762 or 1763 allotted the land to Robert Dixon for 99 years according to custom of Manor;
- at Manor Court of 22 Apr 1747 it was presented that on 17 Apr 1747 Robert Dixon surrendered the 71a 3r 22p to such uses as his will directed;
- Robert Dixon did not surrender the 1a 1r 28p and 22a 3r 17p to uses his will directed;
- will of Robert Dixon of 3 Feb 1749 devised: the 71a 3r 22p to his sister Ann Kew, remainder to his brother; all his lands in Hayton and Clarborough [Nottinghamshire], subject to a 10 annuity, to his brother; all his other real estate in hayton, Clarborough, gainsborough, Glentham and Bishop Norton to Joseph Dixon, Adam Lugg and John Bassett as trustees for his daughter Elizabeth, wife of Raven Noble; remainder to her children; remainder to his nephew Dixon Story; remainder to his niece Ann Kew; remainder to himself;
- Dixon Story and Ann Kew died many years before, without issue;
- Charlotta Fawcett was the only child of Elizabeth Noble;
- at Manor Court of Cainby cum Glentham on 26 Nov 1766 Charlotta Noble, spinster, was admitted tenant to all copyhold land in Glentham formerly of Robert Dixon;
- in Feb 1772 Charlotta Noble married Rev.George Stinton;
- marriage settlement of 21 & 22 Jun 1773 [see X284/19/2]:
- no surrender of copyhold land, as agreed in X284/2/68, had ever taken place;
- George Stinton died in 1782 without issue;
- marriage settlement of 27 Aug 1787 [see X284/20/1];
- Sir William Fawcett died on 22 Mar 1804 without issue by Charlotta Fawcett;
- Dame Charlotta Fawcett did not surrender the copyhold premises to the use of her will;
- will of Charlotta Fawcett [see X284/20/3] in which she appointed all copyhold estates to Edmund Antrobus Coutts Trotter and Edward Marjoribanks in trust for sale;
- custom of the Manor had been to admit the heirs, not personal representatives, of tenants who died intestate, this meaning that Charlotta Fawcett was entitled at her death to Robert Dixon's copyhold lands of 1a 1r 28p and 22a 3r 17p by descent, even though these had not been surrendered to the uses of his will and to the lands of 71a 3r 22p which were surrendered to the uses of his will but that the estate tail created by his will had determined since she, Dixon Story and Ann Kew had all died without issue;
- since Charlotta Fawcett had not surrendered the copyhold premises to uses directed by the two marriage settlements or her will then her heir exparte materna (also heir of Robert Dixon) was now entitled to the premises;
- a further part of Charlotta Fawcett's copyhold estate, 2a 0r 26p in East Field, Glentham, held from Manor of Bishop Norton (included in Lot 3) had been allotted to Laurence Monck, esquire by inclosure award of 1737 or 1738 and exchanged by him with George Stinton and Charlotta his wife for a piece of land allotted to them and George and Charlotta Stinton had never been admitted as tenants;
- a further part of Charlotta Fawcett's copyhold estate, 1a 1r 0p, formerly of Thomas Kitchen and Ann his wife, which they exchanged with George and Charlotta Stinton, then part of a close called Lower Coney Garth, Bishop Norton were held from Manor of Crossholme (included in Lot 4) to which George and Charlotta Stinton had never been admitted as tenants;
- the heir exparte materna of Charlotta Fawcett was entitled to the two copyhold premises of 2a 0r 26p and 1a 1r 0p;
- opinion of Master Harvey in his report was that it would not be to the benefit of those interested in the will of Charlotta Fawcett for Edmund Antrobus Coutts Trotter and Edward Marjoribanks, as devisees in trust, with or without the heirs at law exparte paterna to attempt to recover the copyhold premises held from Manor of Cainby cum Glentham who had seized them for want of a tenant;
- the copyhold premises of Manor of Bishop Norton and Crossholme had not been seized by the Lords of the Manor;
- all Lot 5 in the sale of Charlotta Fawcett's land was a house and homestead of 3a 3r and the above noted closes of 22a 3r 17p all advertised as copyhold when, in fact, the house and homestead of 3a 3r were freehold, of 3 value, which EACT and EM wished to dispose of
- EACT and EM wished report of 6 May 1813 to be approved so that they could sell the freehold premises worth 3, in occupation of John Scarborough
Order:
- that report of 6 May 1813 be confirmed;
- that Edmund Antrobus Coutts Trotter and Edward Marjoribanks be allowed to sell the freehold premises of 3 referred to above
Date free text
22 May 1813
Production date
From: 1728 To: 1813
Level of description
item