HN10/356/Topham1

Abstract of the title of the trustees of the will of Rev. Edward Willes, deceased to certain freehold farms, lands and cottages situate in the Counties of Bedfordshire and Hertfordshire. (I) Will of Rev. Edward Willes of Bath dated the 24th Mar 1847: - Directing payments of debts etc. - Making certain and pecuniary bequests. - Directing unto William Wilkins Gale and George Bailey Tuson the messuages, tenements, buildings, farms and other hereditaments in Bedfordshire and Hertfordshire of freehold tenure upon trust to preserve from destruction the contingent trusts and limitations thereinafter declared and out of the income to keep the buildings insured and in repair - Directing payment of a portion of the net income to Prudence Phillips. - Power of sale to said W.W. Gale & G.B. Tuson at any time during the life of Prudence Phillips and the testator's six children. - Testator directed that if any trustees should die or be discharged from or incapable of acting out the above trusts then it will be lawful for the continuing trustee to appoint new trustees. (II & III) Rev. Edward Willes died on the 30th Oct 1847 and his will was proved by W.W. Gale and G.B. Tuscan in the prerogative Court of Canterbury on the 11th Nov 1847. (III) By decree dated the 26th Jun 1860 (Mitchell v. Gale 1859 M. 158) the following enquiries were directed to be made: (3) What freehold and copyhold estates the testator (Rev. E. Willes) was seized or entitled to at the date of his will and time of his death. (4) Whether there are any incumbrances affecting such estates. (5) What part of such estates have been sold and for what prices and what has become of the proceeds and what parts remain unsold? (IV) By the Chefs Clerk's Certificate (Mitchell v. Gale 1859 M. 158) dated the 6th Feb 1867 the results of the enquiries were est out: (3) Set fourth in a schedule not included. (4) No (5) Portions of the estates have been sold but they do not comprise of premises subject to this abstract. [handwritten endorsement]… 'No. 13: Freehold situate at Barton, Beds of 194a 3r 27p (Grange Farm) when the order was obtained the above were the dimensions but 28a 2r 39p known as Taylor's Piece and Pond Factory have been deducted and sold in a separate lot (No.11) at the sale so Grange Farm now consists £166/-/28 and are part of No.13 in Chief Clerk's Certificate'. (V) Order was made (Mitchell v. Gale 1859 M. 158) on the 29th Jun 1867 and does not affect the title to abstracted premises. (VI) G.B. Tuscan died on the 20th Apr 1868. (VII) Indenture dated 22nd Jul 1868 whereby the Reverend Henry Tuson of Harleston, Norfolk was appointed the new trustee under the will of Rev. E. Willes in place of G.B. Tuscan deceased. (VIII) Order of court dated the 4th Jun 1869 (Mitchell v. Gale 1859 M. 158): - That a power of granting leases to all farms and lands in the parishes of Manston, Sturminster, Cheselborne, Iwerne, Courtney Childe, Okeford, Farrington, Margaret Marsh, Owermoigne, Blandford and Pimperne in the County of Dorset; Barton-in-the-Clay, Streatley and Higham Gobion in the County of Bedfordshire and Hitchin, Offley, Lilley and King's Walden in the County of Hertfordshire (Being part of the estates under the will of Rev. E. Willes) should be vested in the trustees of the said will. - Term of years should not exceed 7 years and the trusts outlined in the said will are still in place. (IX) Order of court dated the 1st Mar 1869 (Mitchell v. Gale 1859 M. 158): - Order of the 29th Jun 1867 (V) to be continued and prosecuted against Rev. H. Tuson as the new trustee. (X) W.W. Gale died on the 2nd Jan 1872. (XI) Indenture dated 24th Jul 1872 whereby the Reverend Herbert Tuson of St.Teath, Cornwall was appointed the new trustee under the will of Rev. E. Willes in place of W.W. Gale deceased. (XII) Order of court dated the 24th Jul 1872 (Mitchell v. Gale 1859 M. 158): -Order of the 29th Jun 1867 (V) to be continued and prosecuted against Rev. Herbert Tuson as the new trustee. (XIII) Order of court dated the 20th Jul 1876 (Whitehead v. Tuson 1874 W. 295) whereby an enquiry was to be made into who was entitled to or interested in the said hereditaments and premises mentioned in the pleadings and for what estates and interests they were respectively interested. See (X). (XIV) Order of court dated the 12th Dec 1878 (Whitehead v. Tuson 1874 W. 295) whereby after reciting the death of Charlotte Whitehead it was ordered that the defendants Edward Whitehead and Mary Jane Whitehead have liberty to continued proceedings against the defendants Henry Tuson and Hebert Tuson and also against: Charlotte Willes, spinster; Francis William Willes; Edward Prudentius Willes; Jane Willes; William Willes; Jane Deverell, widow; John Hext and Lilian Mary his wife; Dame Jane Elliott; the Ve. John Cather Montagu Lowther Chapman Cather and Francis Phillips (otherwise Willes) a person of unsound mind by John James. (XV) By the Chefs Clerk's Certificate (Mitchell v. Gale 1859 M. 158) dated the 19th Jul 1891 the results of the enquiry at (XIII) was set fourth in a schedule not given… 'The legal estate in the said hereditaments and premises were vested in the defendant Henry Tuson and Hebert Tuson upon trust for the benefit of the persons in the said schedule named'. (XVI) Henry Tuson died on the 23rd May 1893. (XVII) Order of court dated the 14th Jul 1893 (Whitehead v. Tuson 1874 W. 295) whereby John Hext should have the conduct of the cause in the place of Mary Jane Whitehead, John Flower (since deceased) and John Whitehead. (XVIII) Indenture dated 20th Jul 1893 whereby Henry Brasnell Tuson of Southsea, Hampshire, Major General in Her late Majesty's Royal Marine Artillery was appointed the new trustee under the will of Rev. E. Willes in place of Henry Tuson deceased. (XIX) Order of court dated the 1st Dec 1893 (Whitehead v. Tuson 1874 W. 295) whereby it was ordered that the plaintiff John Hext should continue proceedings against Rev. Hubert Tuson and H.B. Tuson as the said trustees. (XX) Herbert Tuson died on the 15th Dec 1896. (XXI) Indenture dated 20th Mar 1897 whereby Albert Baker of Weymouth, Dorset, gentleman was appointed the new trustee under the will of Rev. E. Willes in place of Herbert Tuson deceased. (XXII) Order of court dated the 10th Feb 1898 (Whitehead v. Tuson 1874 W. 295) whereby it was ordered that the plaintiff John Hext should continue proceedings against Sir Henry Brasnell Tuson and Albert Baker as the said trustees and defendants. (XXIII) Order of court dated 3rd May 1910 for the actions: Mitchell v. Gale and Whitehead v. Tuson. - Upon the petition of Sir John Hext of Newton Abbot, Devon, plaintiff in both cases the court ordered that the real estate then subject to the trusts of the will of Edward Willes should be sold out of court, subject, however, to the trusts contained in the said will and the consent of Sir John Hext and respondents Francis William Willes and William Willes. (XXIV) Albert Baker died on the 15th Dec 1910. (XXV) Indenture dated 12th Jan 1911 whereby James Edward Stone of Ilchester, Somerset, accountant was appointed the new trustee under the will of Rev. E. Willes in place of Albert Baker deceased.

1911

From: 1847 To: 1911

item

Willes, Edward,
Gale, William Wilkins,
Tuson, George Bailey,
Phillips, Prudence,
Mitchell,
Tuson, Henry,
Tuson, Herbert,
Whitehead,
Whitehead, Charlotte,
Whitehead, Edward,
Whitehead, Mary Jane,
Willes, Charlotte,
Willes, Francis William,
Willes, Edward Prudentius,
Willes, Jane,
Willes, William,
Deverall, Jane,
Hext, John,
Hext, Lilian Mary,
Elliott, Jane,
Cather, John Cather Montagu Lowther Chapman,
Phillips, Francis,
Willes, Francis,
James, John,
Gale,
Flower, John,
Whitehead, John,
Tuson, Henry Brasnell,
Baker, Albert,
Stone, James Edward

clergy, cottages, Hertfordshire farms, Edward will: Willes, suits, Barton-Le-Clay Grange Farm, Manston, Sturminster Newton, Cheselborne, Iwerne, Courtney Childe, Okeford, Farrington, Margaret Marsh, Owermoigne, Blandford [Dorset], Pimperne, BARTON-LE-CLAY, STREATLEY, HIGHAM GOBION, Hitchin, Offley, Lilley, Kings Walden