Title
Indenture of Appointment of new Trustees and Conveyance of Trust Estates. 3 skins. Parties:
(i) Rev. Sir Coventry Payne of Hatfield Peverel Essex), bart., and John Berry of Wootton, yeoman (both parties to X740/21). (ii) Theed Pearse of Bedford, gent. as in X740/22(ii)
(iii) Robert Newland of Kempston, esq., Bingham Newland esq., a Captain in H.M. Regiment of 1st Dragoon Guards (eldest son and heir apparent of RN), Rev. James Jenkyn of Wootton, clerk, vicar of the vicarage and parish church of Wootton, Rev. Maurice Farrell of Cardington, clerk, Barnard Dimmock of Wootton, yeoman, Charles Frederick Palgrave of Bedford, chemist, Rev. Hugh Wade Gery of Bolnhurst, clerk, John Bradley of Bedford, grocer, Charles Samuel Gambier of Harley St. (Middx.), esq., Thomas Abbot Green of Pavenham, esq., and Thomas John Green of Bedford, merchant.
Recitals
Indenture of Feoffment with livery of seisin: see X740/16 and 21. 23 Mar 1611 Parcels described in recital as being messuages, cottages or tenements, lands and hereditaments in Wootton and Kempston particularly described in the terrier annexed to the same Indenture and also in the Indenture of Release of 14 Aug 1818 recited or mentioned below. Indentures of Feoffment of 15 Jan 1649 and 24 Jul 1678, Lease and Release of 19/20 Feb 1706 (see X740/21) and, ultimately, by Indentures of Lease and Release of 13/14 Aug 1818 (brief recital of effect of latter): see X740/21. 1649-1818 Indenture of Grant: recited in X740/21. 19 Jun 1633 The rent charge non-payment pena or penalty is stated in recital to be 6s. per month.
Indentures of 20 Feb 1706 and 14 Aug 1818: see X740/21 1706-1818
Order of the Master of the Rolls: see X740/21 22 Apr 1817 Recital mentions that the number of trustees appointed by the Master was 13.
That the Commissioners appointed to carry into execution an Act of Parliament passed 6 Wm. IV (1835/6) entitled 'An Act for inclosing Lands in the parish of Wootton...' by their Award* made in pursuance of the Act allotted and awarded to Sir CP, Sir WL, TG, JFB, CP, JB, WP and VW (see X740/21(iii)), as then surviving trustees of the said Charity: (23 May 1838)
- allotment or parcel of land lying in Potty Cross Field containing 21acs. 1r. 17p. bounded on parts of the N.E. and N.W. by an allotment to the parish clerk; further part of the N.W. by allotments to the hayward and mole-catcher and William Henry Whitbread respectively; on remaining part of the N.E. by an allotment to Thomas Kingston; on the S.E. by public drain No.1; S.W. by an allotment to Joseph Francis Buckworth et al. entitled under his marriage settlement for tithes and on the remaining part of the N.W. by the Woburn Road.
Which allotment the Commissioners adjudged and determined to be a just and equitable compensation for all the lands, grounds and rights of common and interests of the said trustees in the lands and grounds directed by the Act to be divided and enclosed and allotted after making compensation for tithes.
That all the trustees party to the Indenture of 14 Aug 1818 have since died except (i) who being the only surviving and continuing trustees of the said premises have determined to appoint new trustees pursuant to the Order of 22 Apr 1817 and to convey and assure the said Trust Estates and premises accordingly in manner as below.
Operative part
Nomination and appointment by (i), in pursuance of the said Order and in exercise of any and every power or authority enabling them, of (iii) to be trustees in the room of Sir CP etc., deceased, to act with them as trustees of the said Trust Estates and premises upon the trusts as are now subsisting or capable of taking effect.
Grant and release from (i), in further pursuance of the recited Order and for carrying the same into effect and in consideration of the premises, to (ii) of all and singular (a)-(b) as in X740/21 above viz.
- such and such part(s) of the messuage etc. as conveyed by X740/21(a) as is/are now vested in (i) upon or subject to the charitable uses and trusts aforesaid or any of them and all other lands and hereditaments which by allotment, exchange or otherwise became subject to the same charitable uses and trusts and are now vested in (i) which said hereditaments are described in an annexed schedule (see below) and in the Schedule to the Inclosure Award for Wootton.
- the annuity or rent charge of £3 and the penalty of £6 per month etc. for non-payment and all powers and remedies for the recovery or enforcing payment thereof.
Habendum: to (ii), his heirs and assigns to the use of (i) and (iii) their heirs and assigns upon the trusts and to and for the purposes hereinafter expressed re the same viz. as in the recited deeds, especially those of 23 Mar 1611, 19 Jun 1633, 20 Feb 1706 and 14 Aug 1818.
Schedule:
Proprietors: Wootton Charity Trustees
No. on plan Page of Award Description of lands etc. Old Inclosures Allotments a. r. p. a. r. p.
111 Frog Hole 2 2 30
127 Swannel's Close 3 1 2
128 Cottage and garden 25
235 Town Close 3 2 22
251 Cottage and garden 2 20
269 Pightle 3 19
270 Farmhouse, homestead etc. 2 21
63 Allotment in Potty Cross Field 21 1 17
Total 33acs. Or. 36p.
Pencilled note by seal of Charles Samuel Gambier, 'dead'.
Dorse: signed, sealed and delivered as follows: by JJ, MF, BD, CFP, HWG, JB and TAG in the presence of Theed Pearse junior; by BN and TJG in the presence of Frederick Neale of Wootton, clerk: by Sir CP in the presence of Charles ?A. Cole of 4 Adelphi Terrace, London, and his clerk Robert Healing; by JB in the presence of Theed Pearse junior of Bedford, solicitor; and by RN in the presence of John Wildman of Kempston. 2 Declarations with respect to the rent charge of £3 and the Widow's Charity, dated 1850, are to be found catalogued as P3/25/10-11; and a letter of 1890 summarising the history of Willoughby's Charity for 6 Widows as P3/25/12.