BHD78/3

Case for opinion of Charles Howard re Stevens copyholds: - John James Theophilus Stevens, late of Eaton Bray, farmer, deceased was admitted on 6 Dec 1854 to: (a) half an acre of meadow in Eaton Bray abutting N on Term Brook at 8d annual rent; (b) two acres of arable being one acre in Middle Furlong, West Field across footpath next to land of Richard Roberts SE and Thomas Pratt NW and one acre at Orling in Upper Field in a furlong above Stone Mead in cross furlong in two half acres lying together, one a headland heading Stone Mead Furlong and next to land of Richard Leach SE - yearly rent 1/2; (c) messuage and yard land called Corbyns estimated at 30 acres consisting of divers pieces of arable, meadow and pasture dispersed in different fields; (d) Homonds Close, Eaton Bray between little field called The Compe and Westfield containing 4 acres and 4 acres dispersed in common fields - annual rent £1/7/5; (e) Freemans Close of one acre shooting by Gammons Lane Gate and half a yard land of 15acres of meadow, arable and pasture dispersed in common fields - annual rent 13/4; - previous to Stevens' admission inclosure proceedings had been taken in Eaton Bray and a provisional order was made on 12 Jul 1852; - Stevens sent a claim for 56 acres of copyhold and other freehold lands totalling 133 acres; - award made on 25 Jan 1860 and confirmed on 31st Jan and allotments made to Stevens: (a) 58a 1r 14p in Breakneck Acre; (b) 42a 0r 27p in Harling; (c) 24a 3r 4p in Brook Furlong; (d) 4a 1r 8p in Moor End; (e) 2 roods in Frontage; (f) 12a 2r 8p and 2a 3r 25p in Comp - total 133a 3r 26p; - Stevens died in Aug 1860and was buried on 1 Sep having devised his real estate to trustees in trust for his wife for life, remainder to his daughter; - at a manor court in 1866 at which the third proclamation was read C.S.Benning attended and objected to his client's being admitted on the ground that in consequence of the allotted lands being set out for the whole of the testator's copyhold and freehold hereditaments the post inclosure copyhold lands could not be distinguished from the freehold; - matter allowed to rest until 19 Nov 1870 when trustees received a summons to attend court - Benning appeared on their behalf and the steward suggested they be admitted to 56 acres (without distinguishing lands) at a rent being average for the whole estate - 38/- per acre but Benning objected as this would tinge the whole of his client's estate with copyhold tenure and that 38/- per acre was excessive, 30/- being a full average price; - steward declared that he would take out a commission to have the lands defined and rent assessed, to which course the trustees had no objection provided it was done at the expense of the Manor as the difficulty was no fault of theirs; - counsel's opinion sought on the rights, duties and liabilities of the Lord of the Manor and trustees

1870

From: 1854 To: 1870

item

Stevens, John James Theophilus,
Roberts, Richard,
Pratt, Thomas,
Leach, Richard,
Benning, Charles Stockdale

Term Brook, Eaton Bray Farm, Charles Stockdale Benning, case notes, EATON BRAY, Eaton Bray fields, Eaton Bray Gammons Lane