Bedfordshire Archives Service Catalogue
  • Reference
    Z1211/1/8
  • Title
    Family Settlement Parties: (i) John Warner of Ampthill, Beds, mercer and Ann his wife. (ii) Elizabeth Warner and Ann Warner the younger of Ampthill, spinsters. (the only two surviving children of (i), Elizabeth is 20 & Ann is 14). (iii) Amy Haslewood of Eltham, Kent, widow; John Stillingfleet of Castle Yard, London, gentleman; John Forster of the same, gentleman & William Westbrook of St.Andrews, Holborn, London, goldsmith. (iv) Robert Abbott of Stepingley Park, Beds, esquire. (v) Moses Amyrant of Inner Temple, London, esquire. Reciting (I) Mortgage by lease and release dated 28th & 29th May 1701. Parties: (1) Toyer Forster of Whittlesey, Isle of Ely, Cambridgeshire, gentleman. (2) Said Ann Warner the elder (then Cunningham) of St.Maragetts, Westminster, Middlesex, widow. Operative: - Mortgage from (1) to (2) for £600 and interest. (1) conveys certain lands and tenements in Whittlesey to (2) as security for the repayment of £632. Habendum: - Unto and to the use of (2) subject to the usual mortgage provisos for redemption. Endorsed with Bond by (1), Robert Apreere the elder of Washingley, Huntingdonshire & Robert Apreere the younger of the same to (2) for £12,000. (II) Codicil to the will of Michael Edwards late of Kingston, Surrey dated 26th July 1698 whereby he bequeathed £400 to said Ann Warner the elder (then Cunningham) and shortly after died and had his will proved in the Prerogative Court of Canterbury by William Fashion of London, scrivener. (III) Bond of obligation dated 22nd Feb 1701 between (1) Gilbert Parshmore of Putney, Surrey, gentleman and (2) Ann Warner the elder (then Cunningham) whereby (1) became bound to (2) for £200 by means of securing payment of £100 and interest. (IV) Marriage Settlement by lease and release dated 11th & 12th Sep 1701. Parties: (1) Said Ann Warner the elder (then Cunningham) of St.Maragetts, Westminster, widow, Middlesex (one of the executors of the last will and testament of Edward Cunningham, citizen and drugster of London, her late husband, deceased). (2) John Warner of Ampthill, Beds, gentleman. (3) Francis Brace of Bedford, gentleman & John Forster of Bernard's Inn, London. Reciting: - Intended marriage between (1) & (2). Operative: - In consideration of the intended marriage (1) with consent of (2) transfers mortgage of £636, bequeath of £400 and bond of £100 will all interest to (3). Habendum: - Unto (3) upon the following trusts: - to pay all interest to (1) until the said marriage then (2). - When principal sum of £1100 has been repaid, in trust to invest £500 in anyway (iii) thinks fit including the purchase of land; and the money arising should be paid and applied for the maintenance of James Cunningham & Ann Cunnigham the younger (children of (1)'s first marriage) until they come of age, at this time such sum should be divided amongst them. If invested in land in London then such should be conveyed between them in equal shares. - If James or Ann die before coming of age then his or her share should go to the survivor. - In trust that (3) should put the remaining £600 towards the purchase of property in trust for (1) until marriage. - After marriage, all rents and profits to (2) for his life. - After decease, to (1) for her natural life. - After decease, contingent remainders to any children of the intended marriage. - If none, to any heir of the survivor of (1) or (2). - Until such purchase of land, to be contained at interest or put out on security under the same trusts above. (V) Ann Cunningham the younger died an infant shortly after. (VI) John Forster received repayment of £600 mortgage money secured on property in Whittlesey by Toyer Forster (See recital I). Money on the Parshmore bond (See recital III) was received by John Warner without the privity of John Forster. (VII) Legacy of £400 by the will of Michael Edwards (See recital II) was not being paid so John Forster [c.1707] raised a bill in Chancery against William Fashion, the executor of the said will. The case was heard on the 28th Jan 1709 and it was decreed that the legacy and interest should be paid out of the personal and real estates of William Fashion. (VIII) In order to settle and perfect the accounts, proceedings continued against William Fashion, however, before the Master of the Rolls could make his report William Fashion died and his will was proved by his son and executor Lawrence Fashion at the Prerogative Court of Canterbury. John Warner, his wife Ann and John Forster shortly after exhibited a bill of reviver and several proceedings continued against Lawrence Fashion until 11th Feb 1718 when the Master of the Rolls made his report that liquidised the complainants demands for principal money, interest and costs to the sum of £885 which was to be paid out of the purchase money Sir Lambert Blackwell, baronet was to pay Sir James Edwards for part of Michael Edward's estates in Norfolk, however, the purchase was never finalised. (IX) James Cunningham published his last will dated 11th June 1719 whereby he made Maurice Abbott of Stepingley Park, Beds, esquire executor and gave him his personal estate in trust for the purposes mentioned. James died soon after. (X) Maurice Abbott proved the said will and duly executed his own will whereby Robert Abbott was nominated executor. Maurice Abbott died shortly after and Robert Abbott proved his will and took on the burthen and execution thereof. (XI) Sir Lambert Blackwell was one of the Directors of the South Sea Company in 1720 and this company by act of Parliament of the same year had their estates vested in trustees which were to be sold. Under the same Act John Forster was obliged to claim on the estate against the said trustees and Sir James Edwards for the satisfaction of the said £885 and interest thereof amounting to £1302/13/6, however, no charges, prosecution or suit were hereunto allowed. (XII) John Forster paid out of the principal sum of £600 by consent of John Warner & his wife Ann several sums amounting to £105/13/- to James Cunningham the younger reducing the principal amount to £494/7/-. (XIII) John Forster satisfied John Warner and his wife Ann with the said £1302/13/6 received from the Trustees of the South Sea Companies estates, except, the principal sum of £400 trust money being the said Michael Edwards legacy (See recital II) and John Warner and Ann his wife now discharge John Forster of this sum. The trust money now in the hands of John Forster amounts to £894/7/-. (XIV) Mortgage concerning the Swan Inn, Ampthill at Z1121/1/6. ((See (a) at operative part of this settlement for the description of this property) (XV) Counterpart Mortgage concerning the Swan Inn, Ampthill at Z1121/1/7. ((See (a) at operative part of this settlement for the description of this property) (XVI) Mortgage by lease and release dated 15th & 16th Apr 1708. Parties: (1) John Warner and Ann his wife. (2) William Westbrook. Operative: - Mortgage from (1) to (2) for £250 with interest. (1) conveys property in Wilshamstead (See (b-g) at operative part of this settlement) to (2) as security for the repayment of £257/10/-. Habendum: - Unto (2) for a term of 50 years subject to a peppercorn rent and the usual mortgage provisos for redemption. (XVII) Indorsement on the indenture dated 28th July 1708 whereby William Westbrook declared the said sum of £250 to be the proper money of John Forster and the name William Westbrooke was only used in trust for him. (XVIII) The sum of £150 secured on (a) was never paid to Amy Haselwood and the sum of £250 secured on (b-g) was never paid to William Westbrook and John Forster but John Warner has satisfied all interest due. (XIX) (i) are desirous that the several mortgages should be paid off and discharged out of the trust money now remaining in the hands of John Forster and the mortgaged property should be conveyed upon certain trusts for themselves and their children. Operative: - In consideration of £150 to Amy Haslewood & £250 to John Forster; John Warner is discharged from all money secured on (a-g) and John Stillingfleet, William Westbrook (by appointment of (iii) & (i)) and (i) conveys (a) unto (iv) & (b-g) unto (iv). - (v) created as a second trustee on (a). Property: (a) Messuage or tenement formerly the Swan Inn but now divided into two tenements in the respective tenures of John Warner and Edward Roberts situate at Woburn Street and Mill Street, Ampthill together with the gardens adjoining. Bounded by the Town or Moot Hall on E; tenement of Thomas Mereill and now of John Hill on W; highway or street on S and messuage of Joseph Barber and now of Joseph Barber his son on the N. (b) Messuage or tenement with orchard, garden & pightle of 2a late in the occupation of William Beadell. (c) Close of pasture commonly known as [?] Croft of 5a late in the occupation of William Bedell. (d) Close of pasture commonly known as Hachfield of 6a. (e) Six lands or selions of arable land in Windmill Field of 6r then or late in the occupation of Henry Wheeler. (f) Further part of Monkes field lying at the bottom of St. Makes hill late in the occupation of George Cawni and then Benjamin Farr. (g) Any other estate or interest in Wilshamstead of (i) that exceeds the tenure of 50 years. Habendum: - Unto (iv) & (v) subject to the following trusts concerning (a): - To permit Ann Warner the elder to receive any profits from (a) for her sole use, free from her husband and any debts he might incur. - After decease, to John Warner during his natural life. - After both (1) decease, moiety to use of Elizabeth Warner and heirs, if none to use of Ann Warner junior and heirs, if none to use of John Warner and heirs forever. - Other moiety to use of Ann Warner Junior and heirs, if none to use of Elizabeth Warner and heirs, if none to use of John Warner and heirs forever. - Further trust that (iv) and Ann Warner the elder has power during her life to lease any of (a) in possession not reversion for a term no longer that 21 years. - Unto (iv) for the residue of the said 50years subject to the following trusts concerning (b-g): - To permit Ann Warner the elder for the remainder of 50 years to receive any profits from (b-g) for her sole use, free from her husband and any debts he might incur. - After decease, to John Warner during his natural life. - After both (1) decease, one moiety should be conveyed to Elizabeth Warner and the other moiety to Ann Warner junior. - If any of them decease before Ann Warner the elder then after her decease all of (b-g) should be conveyed to the survivor. - Further trust that (iv) and Ann Warner the elder has power during her life to lease any of (b-g) in possession but not reversion for a term no longer that 21 years. Signed by (i), (ii), (iii) & (iv) and witnessed and signed by William Butcher, John Quait, Geo. [?], John Meackham, Charles [?], Geo. Woorall, Ed. Hales, & Ann Jackson.
  • Date free text
    4 Apr 1728
  • Production date
    From: 1701 To: 1728
  • Reference
  • Level of description
    item
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