Scope and Content
Abstract of Title of Charles Chester to Black Birds and adjoining land in Hockliffe (lot 13 in auction sale)
(I) Grant of 23 Dec 1746
Parties:
(i) Sir John Chester of Chicheley [Buckinghamshire];
(ii) Joseph Cooper the younger of Tilsworth, yeoman, churchwarden of Tilsworth; Robert Eames of Tilsworth, yeoman, Overseer of the Poor for Tilsworth;
(iii) George Gill of Newport Pagnell [Buckinghamshire], gentleman
Reciting:
- will Robert Mitchener of St.Margaret's, Westminster [Middlesex] leaving £50 for the use of the poor of parish of Tilsworth in consideration of preventing the monument to his late wife and her first husband lying in the churchyard from being defaced; 40/- per annum to be paid to the poor of the parish from the £50 capital; his sister Martha Winter and nephew John Winter to be executrix and executor;
- Martha and John Winter had, with consent of (ii), agreed to purchase an annuity of 40/- per annum from (i) for the poor of Tilsworth arising out of (a)-(b)
Operative Part:
- Martha and John Winter paid £50 to (i), with consent of (ii);
- (i) released (a)-(b) to (iii)
Property:
(a) cottage in "Hockliffe in the parish of Chalgrave" in occupation of Richard Painter and commonly called Black Birds;
(b) close of pasture formerly purchased by Christopher Perry of Withers Cheney containing 2 acres adjoining (a) adjoining ground of Withers Cheney W, ground of Edward Poulton E and Watling Street on S
Habendum:
- to (iii) upon trust to pay 40/- per annum out of rents and profits to (ii) and their successors; to use of (i) for ever
(II) Death of Sir John Chester intestate, leaving Sir Charles Bagot Chester his eldest son as his heir at law
(III) Mortgage by Lease & Release of 12-13 Sep 1753
Parties:
(i) Sir Charles Bagot Chester;
(ii) John Hervey
Operative Part:
- (i) conveyed (a), amongst other property, to (ii) for £5,000
Property:
(a) farm of arable in Chalgrave, Tebworth and Tilsworth containing 68 acres with farmhouse etc formerly in occupation of Israel Allen then William Smith at rent of £34 per annum
Proviso for redemption
(IV) Will of Sir Charles Bagot Chester of 21 May 1755 devising all his real estate to Asheton Curzon, John March junior, Richard Wilbraham and John Dighton, gentleman upon trust for sale to pay off mortgage from John Hervey [see (III)] and Elizabeth Bouverie with instructions to convey any unsold land to use of Charles Bagot, second son of the testator's uncle Sir Walter Wagstaff Bagot
(V) Death of Sir Charles Chester on 24 May 1755
(VI) Decree in Chancery of 26 May 1759 that personal estate of Sir Charles Bagot Chester should be applied first to his funeral expenses and surplus paid to Charles Chester but creditors to be at liberty to apply to the court for satisfaction of debts out of the real estate;
(VII) Death of John Dighton
(VIII) Assignment of 2-3 Mar 1762
Parties:
(i) John Hervey;
(ii) Charles Pelham of Brocklesby [Lincolnshire]
Operative Part:
- (i) released (a) to (ii) for £5,000
Property:
(a) all real estate mortgaged in (III) above
(IX) Settlement of 24-25 May 1769
Parties:
(i) Christopher Hervey of Beachworth [Surrey], esquire, executor of John Bouverie of Beachworth and heir at law on Ann Hervey, his mother (a sister and heir at law) of John Bouverie and of Elizabeth Bouverie of Teston [Kent], the other sister and co-heiress John Bouverie;
(ii) William, 4th Earl Fitzwilliam, Charles Anderson Pelham of Lincolns Inn (heir at law of Charles Pelham);
(iii) Charles Anderson of Memby [Lincolnshire], administrator of will of Charles Pelham during the minority of Charles Anderson Pelham;
(iv) Asheton Curzon, John Marsh and Richard Wilbraham Bootle
Reciting:
- an indenture of release of 30 Nov 1737 not affecting these premises;
- release of 29 Jun 1748 in which Sir Charles Bagot Chester mortgaged divers lands in Bedfordshire and Buckinghamshire to John Bouverie for £4,000;
- mortgage of 19 Aug 1749 not affecting these premises;
- only £7,000 of the £16,000 borrowed in the mortgage of 1749 was money of John Bouverie, the other £9,000 being money of Elizabeth Bouverie;
- death of John Bouverie on 8 Sep 1750 leaving his sisters
continued Ann Hervey and Elizabeth Bouverie as his co-heirs and devising to them in his will of 4 May 1750 all his real estate equally;
- Elizabeth Bouverie became entitled to all the £16,000 upon which Sir John Hervey executed a Declaration of Trust in which he declared that the name of John Bouverie was used in indenture of 1749 in trust for Elizabeth Bouverie;
- death of Ann Hervey leaving Christopher Hervey her son as her heir at law;
- will of Sir Charles Bagot Chester [IV] above;
- decree in Chancery [VI] above;
- release of 3 Mar 1762 [VIII] above;
- Charles Pelham was dead leaving William, Earl Fitzwilliam and Charles Anderson Pelham his heirs at law and naming Charles Anderson Pelham as sole executor, with Charles Anderson administrator during Charles Anderson Pelham's minority;
- James Hervey was dead leaving Christopher Hervey, his only son and heir at law and sole executor of his will and thus also personal representative of John Bouverie and John Hervey;
- Order in Chancery of 13 Dec 1768 that Isaac Hawkins of Burton-upon-Trent [Nottinghamshire], esquire should be considered purchaser of the estate late of Sir Charles Bagot Chester in Lidlington, Marston Moretaine and Millbrook at £21,000;
- Order in Chancery of 7 Mar 1769 on petition of Asheton Curzon, John March and Richard Wilbraham Bootle requesting the Master to state how estate in mortgage of 1753 was vested in Earl Fitzwilliam and Charles Anderson Pelham and whether they were infants and mortgagees by law; it was ordered that master should certify who was entitled to equity of redemption and to whom the money due on the mortgage should be paid;
- report by master of 22 Apr 1769 that Earl Fitzwilliam and Charles Anderson Pelham were infants and trustees and that Asheton Curzon, John March and Richard Wilbraham Bootle were entitled to equity of redemption of mortgaged premises, money due on the mortgage being paid to Charles Anderson, administrator of the will of Charles Pelham;
- Decree of 11 Dec 1764 ordering surplus of personal estate of Charles Pelham to be paid into the bank and laid out in 3% annuities in the name of the Accountant General in trust;
- the mortgage of £5,000 had been left with the Master;
- Order of 27 Apr 1769 that Isaac Hawkins should be at
continued liberty to pay £5,000 into the bank and that on payment of the interest on the £5,000 Charles Anderson should join in conveyance and assignment of the premises in the mortgage of 1753 as Asheton Curzon, John March and Richard Wilbraham Bootle should appoint and that on payment the master should deliver to the Clerk of the Court for Curzon, March and Bootle the deeds relating to the mortgage;
- Order of 27 Apr 1769 that Master's report of 22 Apr 1769 should stand confirmed and that on payment of the £5,000 and interest Earl Fitzwilliam and Charles Anderson Pelham should join in reconveyance of the 1753 premises to Asheton Curzon, John March and Richard Wilbraham Bootle;
- report of Master in cause of Chester versus Curzon of 23 May 1769 that £16,000 plus £445/9/8 interest was due to Elizabeth Bouverie on mortgage of 1749 and that he had taxed the costs of Christopher Hervey and Elizabeth Bouverie and of their trustee, Stephen Hervey at £60/11/4;
- report of Master of 23 May 1769 that Charles Anderson was owed £5,000 plus £232/6/7 on the mortgage of 1753 and that costs of Christopher Hervey and Charles Anderson Pelham were taxed at £6/3/2;
- Isaac Hawkins had paid Elizabeth Bouverie £16,000 and had paid £5,000 into the bank in trust and that by Conveyance by Lease & Release of 24-25 May 1769 the Manor of Lidlington with premises in Lidlington, Marston Moretaine and Millbrook had been conveyed to Isaac Hawkins
Operative Part:
- Isaac Hawkins paid £16,000 to Elizabeth Bouverie by direction of (i);
- (iv) paid 10/- to (i);
- (i) conveyed (a) to (iv);
Property:
(a) manor, rectory and advowson of Tilsworth and all lands in mortgage of 1749 (except lands conveyed to Isaac Hawkins)
Habendum
- to (iv) for ever to uses of will of Sir Charles Bagot Chester
Operative Part:
- Isaac Hawkins paid £5,000 into the bank;
- (iv) paid 10/- to (ii);
- (ii), by direction of (ii), conveyed (b) to (iv)
Property:
continued (b) manors of Tilsworth and Snelson and all lands mortgaged in 1753 (except manor of Lidlington and lands in Lidlington, Marston Moretaine and Millbrook conveyed to Isaac Hawkins
Habendum:
- to (iv) for ever to uses of will of Sir Charles Bagot Chester
(X) Release and Settlement of 14 May 1770
Parties:
(i) Asheton Curzon; John March; Richard Wilbraham Bootle;
(ii) Charles Chester; Rev.Walter Bagot of Blithfield [Staffordshire]; Richard Bagot, esquire; Rev.Lewis Bagot; Thomas Bagot, esquire (devisees in will of Sir Charles Bagot Chester who were five younger sons of Sir Walter Wagstaffe Bagot, late of Blithfield);
(iii) William Legge, 2nd Earl of Dartmouth
Reciting:
- will of Sir Charles Bagot Chester [see (IV) above];
- Francis Chester and Frances Symonds, named in the will, were dead and the annuities to them had determined;
- Alice Wild, named in the will, had a child born within nine months of the death of the testator who was baptised with the name Peter and she since married William Williams of Lyde [Herefordshire] yeoman;
- decree of 26 May 1759 [see (IX) above];
- death of John Dighton;
- Order of 13 Dec 1769 [see (IX) above];
- sale of the Lidlington, Marston Moretaine and Millbrook premises to Isaac Hawkins [see (IX) above];
- General report by Master Thomas Eames that Asheton Curzon, John March and Richard Wilbraham Bootle had received an account of the personal estate of Sir Charles Bagot Chester, £4,951/1/5 of which he had charged to them and that they had paid on account of his debts etc £6,899/5/10 including money paid to John Dighton, deceased, thus Chester's personal estate would be deficient by £1,948/4/5. Master also reported that there was £1,200 in unpaid legacies from the will of Sir Charles Bagot Chester, the recipients being under 21 (£600 each to Charles Wild and Peter Wild). He reported that he had taxed the costs of Curzon, March and Bootle at £127/0/2 and Charles Anderson at £467/15/10 making together £594/16/- which was to be paid out of the testator's estate;
- Charles Chester paid £1,948/4/5 to Asheton Curzon, John March and Richard Wilbraham Bootle on the balance of the account of the testator's personal estates and also paid the £594/16/- costs making a total of £2,543/0/5;
- Order of 19 Jul 1769 that the £2,543/0/5 should be raised by sale or mortgage of the testator's real estate and paid to Charles Chester. It was also ordered that Charles Wild and Peter Wild were at liberty to apply to the court to have the two legacies of £600 raised out of the testator's real estate when each party became 21;
- Thomas Eames in his report of 8 May 1770 certified that he had approved a proposal that £2,543/0/5 together with subsequent costs should be raised by mortgage of two farms of Sir Charles Bagot Chester at Snelson and Lavendon [Buckinghamshire] and Harrold in occupation of Henry Litchfield and John Parris at yearly rents of £274 and £65;
- this mortgage was granted on 12 May 1770
Operative Part:
- (iii) paid 10/- to (i);
- (i) released (a)-(b) to (iii)
Property:
(a) real estate late of Sir Charles Bagot Chester in Tilsworth, Chalgrave, Tebworth, Hockliffe, Stanbridge, Harrold and Wootton;
(b) manors held by Sir Charles Bagot Chester, except that of Lidlington
Habendum
- to (iii) subject to provisos of Act of 1759 to repeal "An Act to Enable Charles Bagot then Called Charles Chester and his Sons to Take the Surname of Chester" upon trust for the following purposes:
- that Alice, wife of William Williams might receive an annuity of £100 issuing out of the premises;
- to the use of Charles Chester;
- to (i) during the life of Charles Chester in trust to preserve uses;
- to first and other sons of Sir Charles Bagot Chester for ever
Powers
- power to grant leases for 21 years;
- power to appoint all or any part of the premises to a woman whom they proposed to marry for her jointure
Proviso
- premises were limited on express condition that the persons entitled to them should assume the surname Chester
(XI) Indenture of 10 Feb 1804
Parties:
(i) Catherine Chester, widow of Charles Chester of Chicheley [Buckinghamshire], esquire;
(ii) Charles Chester of Chicheley, esquire, eldest son of Charles Chester deceased; devisee in tail under the will of Charles Bagot Chester
(iii) Joseph Hill, esquire;
(iv) Thomas Hill Mortimer of St.James, Westminster [Middlesex], gentleman;
(v) Richard Howard of Castle Rising [Norfolk], esquire; Heneage Legge of Aston [Warwickshire], esquire
Reciting:
- will of Sir Charles Bagot Chester [(IV) above] and release and settlement [(X) above];
- settlement of 30 Nov 1770 not affecting abstracted premises;
- agreement between (i) and (ii) that, in lieu of premises in settlement of 30 Nov 1770 she would receive an annuity of £1,000
Operative Part:
- in consideration of the £1,000 annuity and to bar all estates tail and assume uses upon trusts and for 10/- each to (i) and (ii) paid by (iii) (i) and (ii) released (a)-(c) to (iii);
- to bar all estates tail and in consideration of 10/- paid by (iii) to (ii), (ii) released (d) to (iii)
Property:
(a) manor of Tilsworth;
(b) messuages , farms etc. mentioned in settlement of 30 Nov 1770;
(c) all real estate of (i) and (ii) in Tilsworth, Stanbridge, Hockliffe, Chalgrave, Tebworth, Harrold and Wootton;
(d) lands in Buckinghamshire
Habendum:
- to (iii) in trust to become tenant of the freehold to suffer two or more common recoveries as follows and limited as follows:
- (d) to use that (i) might out of rents and profits receive an annuity of £1,000;
- to use of (v) for 100 years sans waste;(a)-(c) to use of (ii) for ever
Schedule [unclear as to the significance if this as not abstracted]
- Judith and John Tebboth £160;
- Thomas Leach £140;
- James Hall £366/15/-;
- William Field £165;
- Stephen Wainwright £235;
- James Riley £242/5/-;
- James Atkins £95;
- Matthew Wainwright £100;
- Thomas Lineham £56;
- John Cross £11/19/-;
- Widow Eldershire £9;
- Benjamin Brooks £16;
- Thomas Wainwright £12/12/-;
- Joseph Groom £4/15/6;
- Widow Lineham £123;
- a year's cottage rents £19
(XII) Exemplification of Recovery of Hilary 1804
Thomas Hill Mortimer, demandant; Joseph Hill tenant, Charles Chester, esquire vouchee of Manor of Tilsworth and 20 messuages, 20 gardens, 1,000 acres of land, 200 acres of meadow, 300 acres of pasture, 40 acres of wood, 100 acres of furze and heath, 100 acres of marsh, common of pasture for all manner of cattle and free warren in Tilsworth, Stanbridge, Hockliffe, Chalgrave, Tebworth, Harrold and Wootton; tithes of Tilsworth; advowsons of Tilsworth and Farndish