WB/WF2/30/9

Abstract of Mr. & Mrs.Reynolds' Title to a Farm at Cardington "for the opinion of M.Duane esq." drawn up by [Jeremy] Fish Palmer of Bedford: "Abstract of the Title of Decimus Reynolds, clerk and Mary his wife to a farm in the parish of Cardington in the County of Bedford now in the occupation of Reuben Fulford consisting of a farmhouse with the appurtenances, 17 acres of inclosed pasture, 3 acres 2 roods and 10 feet of meadow, 116 acres, 2 roods and 20 poles of arable land and one cottage with the hempland adjoining" abstracting: WB/WF2/19/1; WB/WF2/20/1; WB/WF2/22/1; WB/WF2/23/1; WB/WF2/24/1-5; WB/WF2/26/1; WB/WF2/27/1-2; WB/WF2/28/1-2; WB/WF2/29/1; WB/WF31/1-2; WB/WF3/1; WB/WF6/2-3; WB/WF6/6-7; WB/WF6/10-11; WB/WF6/15; WB/WF6/17 The abstract includes copious marginal notes and the following request by the solicitor: "John Howard esquire has agreed to Purchase the Estate of Mr. & Mrs.Reynolds Provided a proper Title can be made to it. The Testator John White in his Will makes no Particular devise or other mention of his Copyhold Estates than which is Abstracted But gives the Residues of his Real Estates to certain Trustees to sell to pay Legacies & the Remainder of the Purchase Money amongst divers of his Relations. You are desired to give your Opinion upon the whole of this Title to direct the Mode of Conveyance to Mr.Howard And as Mr.Howard does not subject himself to the Payment of the Annuity to the said Martha (In Case the Annuitant should not be willing to Join in Conveyance). How must Mr.Howard be Indemnified against Payment of said Annuity? Mr.& Mrs.Reynolds conceiving the yearly Charities of 13 payable to the Parish of Flitharding [Flitton] to be Contrary to the Mortmain Laws have never paid them. But as those Annuities have not been sett aside by the Determination of any Court of Law or Equity Need there be any & what Security to Indemnify Mr.Howard against the Payment of them. Or are the Mortmain Laws themselves a Sufficient Indemnity?" Counsel's answer: "I have perused this abstract. I observe that in 1720 demise was made to one Betts for 500 years for securing 120 and interest; it appears that Mr.Dymoke paid the money due on this mortgage; but the residue of the said term was not assigned, or surrendered; I suppose that Betts is dead; if his personal Representative can't be found, it would be right to have the term merged by Surrender but this is not absolutely necessary; for as the money has been paid; and the mortgage has been given up, it can never be made use of, or set up against the owner of the Inheritance. When the Cottage & Hempland were Conveyed in 1722 there was not a Fine, without which the Estate or Interest of Mrs.Halsey was not barred; if she is living she, or if she is dead, her heir at Law might join in the Conveyance thereof to Mr.Howard but then has been a possession[?] for about 49 years, which would bar all persons, except married women, Infants, Idiots & persons out of the Kingdom in other respects the Tirle seems very clear; Mr. & Mrs.Reynolds must revoke the uses declared by the Settlement executed by them, and limit & appoint the estate to and to the use of Mr.Howard his heirs &c. As to the Charities of 13 a year I am clearly of opinion that they are void by virtue of the mortmain Act, as to the annuity of 100 a year there must be a Colletaral Security unless the annuitant will discharge the part of the Estate now proposed sold." Mathew Duane, Lincolns Inn, 17 Apr 1771

c.1750

From: 1649 To: 1771

item

Duane, Matthew,
Palmer, Jeremy Fish,
Betts,
Reynolds, Decimus,
Reynolds, Mary,
Fulford, Reuben,
White, Martha,
Howard, John,
Dymoke, Michael,
Halsey, Mary

mortmain, legal papers, specific solicitors, Jeremy Fish Palmer, Mathew Duane, Cardington farms, Flitton charities, clergy names index, CARDINGTON, FLITTON