X758/13/4/1

Abstract of will and codicils of Joshua Malden, deceased, late of Biggleswade, auctioneer and of proceeding in Chancery; abstracted by William Thomas Chapman of Biggleswade, solicitor; abstracting: (I) Will of 7 Dec 1837 - nominating and appointing George Newbery, gentleman and John Ryland, draper, both of Biggleswade as executors and giving each 50 for his trouble; - devising cottage in Shortmead Street, Biggleswade in his own occupation to his wife Mary Malden for life, remainder to his daughter Elizabeth Burton; - devising to Elizabeth Burton messuage in Shortmead Street, Biggleswade, in her own occupation; very newly built cottage standing on E side of ground appurtenant to the other cottage and in occupation of Abraham Draper; 2 pieces of meadow one in back meadow and one below Widow Hay Sluice; for life, remainder to her son William Burton on condition that he paid 700 to executors George Newbery and John Ryland, if he defaulted the property going to the executors in trust for sale; - bequeathing to his wife all his household furniture, plate, linen, china etc.; - bequeathing to his wife an annuity of 160 per annum for life charged on his real estate; - stating that bequests to his wife were in lieu of dower; - bequeathing to Elizabeth Burton his round silver teapot and stand; - bequeathing, after death of his wife, his oval tea pot and stand to his daughter Mary Morton; - bequeathing to Elizabeth Burton and Mary Morton equally all his household effects except the grates, copper etc. which were to go with the house; - devising all his messuages in Shortmead Street in occupation of John Bewers and William Conquest to Mary Morton for life remainder to George Newbery and John Ryland in trust to receive profits etc. for application for benefit of all children of Mary Morton during life of Elizabeth Burton, remainder to George Newbery and John Ryland in trust for sale; - devising messuage in occupation of his grandson John Malden to Elizabeth Burton and Mary Morton for their lives on condition that John Malden be allowed to live there at rent of 20 per annum, remainder to John Malden for ever on condition that he paid George Newbery and John Ryland 500, if he refused George Newbery and John Ryland to have the property in trust for sale; - devising his interest in 4 cottages in Shortmead Street, Biggleswade in occupation of his late son Caleb Malden's widow, William Hardy, Edward Chew and James Kingsley to George Newbery and John Ryland upon trust during joint lives of Elizabeth Burton and Mary Morton to suffer them to take the profits etc. equally for their own use independent of their husbands, remainder for benefit of their children if one die before the other, remainder to George Newbery and John Ryland in trust for sale; - devising his messuage in Shortmead Street, Biggleswade in occupation of John Gudgeon; 3 new messages, late property of his dead son Daniel Malden in Shortmead Street in occupation of James Weston, the Misses Hart and Thomas Handley; messuages shops, yards, gardens etc. in Market Place, Biggleswade in occupation of Samuel Conder, William Saunders, James Woodward, Robert Crouch, William Barley and Mary Taylor; 2 cottages in Girtford, Sandy purchased by his dead son Daniel Malden of Skilliter to George Newbery and John Ryland in trust to take profits etc. during joint lives of Elizabeth Burton and Mary Morton and paying an annuity of 16 per annum each to his grandchildren John Malden, Ebenezer Malden, Joshua Malden and Mary Ann Malden, children of his dead son Ebenezer Malden, residue of the rents to Elizabeth Burton and Mary Morton equally; - if Elizabeth Burton died before Mary Morton her share of profits to go to her children Eliza Burton, William Burton and Ann Burton equally during life of Mary Morton; if Mary Morton died before Elizabeth Burton, her share of profits to go to her children during life of Elizabeth Burton; after death of both Elizabeth Burton and Mary Morton George Newbery and John Ryland to sell all messuages; - bequeathing to Elizabeth Burton and Mary Morton 300 each; - bequeathing to his grandson Thomas Burton 150 (as he had received all his dead father's estate); - bequeathing to his brother Samuel Malden annuity of 3/- per week for life charged on his real estate; - power to George Newbery and John Ryland to lend up to 250 to each grandchild over 21 during lives of Elizabeth Burton and Mary Morton; - executors to convert residue estate into cash to invest in securities and pay interest to Elizabeth Burton and Mary Morton, after their deaths to convert the securities into cash, add the sums to sale monies on property etc. and divide the sum equally between his grandchildren William Burton, Eliza Burton, Ann Burton, George Morton, Mary Ann Morton, Martha Morton, Eliza Morton, Elizabeth Morton, William Morton, John Malden, Ebenezer Malden, Joshua Malden and Mary Ann Malden; - power to appoint new trustees with consent of Elizabeth Burton and Mary Morton; - devising and bequeathing residue of his estate to executors upon trust (II) Codicil of 12 Oct 1838: - all rents of property bought from Richard Larman on 13 Jul 1838 be disposed of in same way as all other rents noted in will; - rents arising from 7 cottages in Stratton Street, Biggleswade bought at auction on 10 Oct 1838 from trustees of Bartholomew, deceased be disposed of in same way as others in will; - sale monies from all newly bought properties to be disposed of in same way as others in will (III) Codicil of 1 Apr 1839: - bequeathing to Elizabeth Burton 600 on account of his giving her son Thomas Burton only 150 instead of equal share with other grandchildren as he had about 1,800 from his late father's estate (IV) Proof of will and codicils in PCC by George Newbery and John Ryland on 8 Aug 1839 (V) Death of Mary Morton in Aug 1841 (VI) Death of John Ryland on 23 Sep 1859 and subsequent burial at Old Meeting House Yard, Biggleswade (VII) Death of Mary Malden, widow of testator on 30 Nov 1860 and subsequent burial in Old Meeting House Yard, Biggleswade (VIII) Death of Elizabeth Burton on 11 Aug 1869 and subsequent burial in Old Meeting House Yard, Biggleswade (IX) Bill of Complaint in Chancery of 27 Apr 1861 between Elizabeth Burton, widow, plaintiff and George Newbery, John Benjamin Ryland, William Mumford and John Malden for administration of real and personal estate of Joshua Malden, deceased (X) Decree in Chancery of 7 Mar 1861 in Burton v.Newbery ordering, amongst other things: - inquiry as to who was heir at law of Joshua Malden to time of his death and now; - inquiry as to real and leasehold estates of Joshua Malden at time of his death; - inquiry into encumbrances on any real estate; - it appeared that John Benjamin Ryland and William Mumford, executors of John Ryland deceased, had distributed the whole of the personal estate of John Ryland after statutory notice and, plaintiff waiving all further account against them, the bill against them was dismissed; - further consideration be adjourned (XI) Certificate of E.B.Church, Chief Clerk of Master of Rolls in cause Burton v.Newbery certifying, amongst other things: - John Malden was heir at law of Joshua Malden at time of his death and now; - real estate of Joshua Malden as set out in schedule; - Joshua Malden not possessed of any leasehold estate at death; - no encumbrances on any estate of Joshua Malden Schedule: 1. Cottage in Girtford, Sandy, in occupation of Samuel Vines, 3/10/- rent; 2. Cottage in Girtford, Sandy, in occupation of Henry Huckle, 3/10/- rent; 3. cottage in Shortmead Street, Biggleswade, in occupation of Jonathan Reynolds, 4/6/8 rent; 4. cottage in Shortmead Street, Biggleswade, in occupation of George Brawn, 6 rent; 5. cottage in Palace Street, Biggleswade late in occupation of George Plummer, now Louisa Carter, 5/10/- rent; 6. common right in Biggleswade, Fen Reeves, 2/15/- rent; 7. common right in Biggleswade, Fen Reeves, 2/15/- rent; 8. house and premises in Market Place, Biggleswade, in occupation of Frederick Conder, 35 rent; 9. cottage in Palace Street, Biggleswade, in occupation of James Woodward, 7 rent; 10. house and premises in Shortmead Street, Biggleswade in occupation of Samuel Lisney, 13 rent; 11. cottage and premises in Shortmead Street, Biggleswade, in occupation of Ann Huckle, 5 rent; 12. house, shop and premises in Shortmead Street, Biggleswade, in occupation of William Watts, 9 rent; 13. shop in New Inn Yard, Biggleswade, in occupation of J.H.Clarke, 6 rent; 14. house, shop and premises in Shortmead Street, Biggleswade with attached common right, in occupation of William Keep, 13 rent; 15. barn in New Inn Yard, Biggleswade in occupation of James Larkins, 5 rent; 16. house and shop in Shortmead Street, Biggleswade, in occupation of George Pepper, 13 rent; 17. cottage in Palace Street, Biggleswade, in occupation of Joseph Crouch, 6 rent; 18. moiety of freehold houses adjoining Popes Wharf, Shortmead Street, Biggleswade in occupation of Charles Pope, 8 rent; 19. moiety of freehold houses adjoining Popes Wharf, Shortmead Street, Biggleswade, in occupation of Thomas Henshaw, 7 rent; 20. moiety of freehold houses adjoining Popes Wharf, Shortmead Street, Biggleswade, in occupation of John Broom, 7 rent; 21. moiety of freehold houses adjoining Popes Wharf, Shortmead Street, Biggleswade, in occupation of Sullivan and Haylock, 7 rent; 22. collar maker's shop and buildings in Market Place, Biggleswade, in occupation of Samuel Taylor, 20 rent; 23. cottage in Palace Street, Biggleswade, in occupation of Henry Wilson, 4/10/- rent; 24. house and premises in Shortmead Street, Biggleswade in occupation of John Partridge, 12 rent; 25. house and premises in Shortmead Street, Biggleswade, in occupation of George Cooper, 12 rent; 26. barn in New Inn Yard, Biggleswade in occupation of John Maythorn, 6 rent (XII) Order in Chancery of 3 Jul 1867 making orders relative to personal estate and directing enquiries regarding real estates further consideration was adjourned (XIII) Will of 12 Mar 1864 of Elizabeth Burton, amongst other things, devising and bequeathing all estate of which she had power to dispose to George Winters of Stratton, Biggleswade, farmer, her sole executor; will proved in PCR on 5 Nov 1869 (XIV) Order in Chancery of 12 Nov 1869 ordering original Bill Burton v.Newbery to be revived (XV) Bill of Revivor of 1869 in which George Winters was plaintiff and George Newbery and others defendants (XVI) Order in Chancery of 23 Feb 1870 that real estate of Joshua Malden in schedule above should be sold and money arising paid into account at Bank of England Burton v.Newbery 1861.B.No.138 Real Estate Sold and invested by bank in 3% annuities

1870

From: 1837 To: 1870

item

Malden, Joshua,
Chapman, William Thomas,
Newbery, George,
Ryland, John,
Malden, Mary,
Burton, Elizabeth,
Malden, Elizabeth,
Draper, Abraham,
Burton, William,
Morton, Mary,
Bewers, John,
Conquest, William,
Malden, Caleb,
Hardy, William,
Chew, Edward,
Kingsley, James,
Gudgeon, John,
Malden, Daniel,
Weston, James,
Hart,
Handley, Thomas,
Conder, Samuel,
Saunders, William,
Woodward, James,
Barley, William,
Taylor, Mary,
Crouch, Robert,
Skilliter,
Malden, Ebenezer,
Malden, Mary Ann,
Burton, Ann,
Burton, Eliza,
Morton, George,
Morton, Martha,
Morton, Eliza,
Morton, Elizabeth,
Morton, William,
Larman, Richard,
Bartholomew,
Ryland, John Benjamin,
Mumford, William,
Church, E.B.,
Vines, Samuel,
Huckle, Henry,
Reynolds, Jonathan,
Brawn, George,
Plummer, George,
Carter, Louisa,
Conder, Frederick,
Woodward, James,
Lisney, Samuel,
Huckle, Ann,
Watts, William,
Clarke, J.H.,
Keep, William,
Larkins, James,
Pepper, George,
Crouch, Joseph,
Pope, Charles,
Henshaw, Thomas,
Broom, John,
Sullivan,
Haylock,
Taylor, Samuel,
Wilson, Henry,
Partridge, John,
Cooper, George,
Maythorn, John,
Winters, George

Joshua will: Malden, specific solicitors, Chancery, draper, annuities, household plate, household goods, deaths, burial, Nonconformist buildings, commons, Fen Reeve, Biggleswade New Inn, Ivel river navigation, Elizabeth will: Burton, farmer, BIGGLESWADE, Biggleswade Shortmead Street, Biggleswade fields, Biggleswade Market Place, Girtford, Biggleswade Stratton Street, Biggleswade Palace Street