Bedfordshire Archives Service Catalogue
  • Reference
    X95/241
  • Title
    Draft assignment and release
  • Date free text
    29 Jan 1878
  • Production date
    From: 1837 To: 1878
  • Scope and Content
    Draft Assignment and Release: Parties: (i) Thomas Joseph Sworder of Hatfield [Hertfordshire], gentleman; (ii) Thomas Sworder of Luton, brewer Reciting: - will of Robert Sworder of Stondon Lodge, Stondon [Hertfordshire], farmer and maltster of 1 Jul 1837 devising his farm at Little Hadham [Hertfordshire] to his sons Robert, John and Thomas and his friend William Gorsuch Times upon trust to pay rents and profits to his son George and Jennett his wife for their joint lives; then to convey the farm to the survivor of them for their life; then to their children as tenants in common or, if no children, for sale and division amongst all his grandchildren; also bequeathing £2,000 to his trustees upon trust for investment and payment of dividends etc. to his daughter Mary Ann Smitheman, remainder to her husband John, remainder for equal division to their children as tenants in common, in default of any children then to be divided amongst the testator's grandchildren; - death of Robert Sworder on 12 Oct 1837 and proof of his will in PCC on 30 Nov 1837; - death of George Sworder on 20 Jun 1844 and his burial at Little Hadham, leaving no issue; his widow then remarried Thompson and was still living; - (ii) was a grandchild of Robert Sworder and was living at the death of George Sworder and thus entitled to a share of Robert's Little Hadham estate on the death of Jennett Thompson; - Mary Ann Smitheman died in 1877 as a widow without issue and was buried at Roydon [Essex]; (ii) was alive at her death and was entitled to a share of the £2,000 bequeathed for her benefit by Robert Sworder; - will of Robert Sworder junior of 16 Jul 1842 devising and bequeathing his real and personal estate to his brothers John, Charles and Thomas upon trust to pay an annuity to his wife Lucy of £149/16/- per annum for her life as a widow, the trustees standing possessed of the estate in trust for the testator's children as tenants in common; - death of Robert Sworder on 27 Sep 1846 and proof of his will in PCC on 16 Jul 1847; - death and burial of Lucy Sworder who had been in receipt of the annuity until her death; - (ii) was a child of Robert and Lucy Sworder and entitled to a share of his real and personal estate [the latter contradicted by a pencilled marginal note by (ii) asfollows: "I have now no Interest under my Father's Will, John Sworder of Westmill paid my mother the annuity during her life & for security some years ago had the residue of my Father's Estate made over to him"]; - will of William Vyse of Herne Hill [Surrey] and Wood Street, Cheapside [City of London] Leghorn Hat merchant of 3 Aug 1855 devising and bequeathing all real and personal estate to his son Henry and son-in-law John Davis Welch upon trust for sale to set aside £10,000 as a separate fund the standing possessed of the residue to be divided equally between his children Thomas Andrew Vyse, Henry Vyse and Maria Louise Welch and for Charlotte, widow of his late son Richard, retaining the shares of the two women in the residue of the general fund and sum of £10,000 for investment paying annual income to the beneficiaries, with detailed provisions regarding the share of Charlotte Vyse should she remarry; - death of William Vyse and proof of his will and two codicils on 15 Feb 1861; - Charlotte Vyse was still living and had not remarried; - Ellen Charlotte, wife of (ii), was one of the children of Richard Vyse, deceased and entitled to her share of her mother's legacy from William Vyse on her death or remarriage; - will of Richard Vyse of Luton, straw hat merchant of 15 Sep 1854 devising all real estate in the London road and Chapel Street, Luton in his own occupation and four messuages in Park Lane, Luton to Thomas Foster of Luton, his brother Henry Vyse and his eldest son Edmund Waller Vyse upon trust for sale and addition to the residue of his personal estate, also bequeathed to the trustees upon trust to pay £300 per annum to his wife Charlotte for her widowhood remainder to be divided amongst their children; - death and proof of will of Richard Vyse; - Ellen Charlotte Sworder, wife of (ii) was a child of Richard and Charlotte Vyse and was expectant on her share of her father's estate on the death or remarriage of her mother; - agreement of 1862 in which (ii) vested his interest in all real and personal estate vested in him by the three previously recited wills to Thomas Sworder of Hertford as security for a debt of £6,456/7/9; - agreement of 14 Feb 1873 in which (ii) agreed to convey or assign to Thomas Sworder of Hertford all freehold and leasehold property in schedules of the agreement; - will of Thomas Sworder of Hertford of 21 May 1862 devising and bequeathing all real and personal estate to his wife Frances Jane; - death of Thomas Sworder of Hertford on 20 Mar 1875 and proof of his will in PPR on 22 May 1875 by his widow as sole executrix; - decree of Chancery of 24 May 1875 in which Richard Moss and George Adolphus Boustred, creditors of Thomas Sworder of Hertford for themselves and others were plaintiffs and Frances Jane Sworder was defendant in which it was decreed that Sworder's estates be sold and the profits held by the court; - will of Frances Jane Sworder of 10 Jun 1876 devising and bequeathing all her real and personal estate to her son (i); - death of Frances Jane Sworder on 18 Jun 1876 and proof of her will in PPR on 30 Jun 1876; - Order of Chancery of 3 Jul 1876 upon petition of the plaintiffs ordering the suit to now stand against Thomas Joseph Sworder; - agreement of 18 Nov 1876 in which (i) agreed to sell the brewery and premises of Thomas Sworder & Company Luton to (ii) for £45,700 subject to agreement by Chancery from which (ii) could deduct £19,800 owing in mortgages if he took on the burden of the mortgages; it was also agreed that (i) would sell to (ii) for £1,559 the reversionary interests of (ii) under three scheduled wills; (i) was to seek Chancery approval for the agreement, after which (ii) would pay Edward Burr and Richard Hatley Crabb, mortgagees of the greatest proportion of mortgage debt a deposit of £4,000 paying the balance in the manner directed by the court; - agreement of 6 Feb 1877 between (i) and Edward Burr and Richard Hatley Crabb, in which on completion of the purchase by (ii) (i) would pay them £27,143 for them to concur in conveying the premises to (ii); - Order of Vice Chancellor Sir Richard Malins that the agreements of 18 Nov 1876 and 6 Feb 1877 be carried out after which (ii) paid £4,000 deposit to Edward Burr and Richard Hatley Crabb; - (ii) paid £23,143 plus £982/15/8 interest from 25 Mar 1877 to Edward Burr and Richard Hatley Crabb; - (ii) had never made any assurance in pursuance of the agreement of 14 Feb 1873 of his interest in the three recited wills Operative Part: - to assigned and released to (ii) for £40,000+ paid to Edward Burr and Richard Hatley Crabb all his interest in scheduled premises [details of which were not included in the draft]
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