Scope and Content
Item previously catalogued with nine others as "Nine papers including statements of cases, abstracts of title, and lists of properties, several throwing light on history of firm, 1853-89"
Abstract of title of Thomas Sworder to brewery, public houses and premises at Luton; the abstract begins with the end of an unknown deed on page 168 and runs for another 28 pages:
(I) Mortgage of 31 Jul 1860
Parties:
(1) Edward Burr and Richard Hatley Crabb;
(2) Elizabeth Burr, widow;
(3) Thomas Sworder of Luton;
(4) Thomas Sworder of Hertford
Reciting:
- will of Thomas Godfrey Burr of 29 Mar 1837;
- Thomas Godfrey Burr left five children;
- death of Mary Burr, widow of Thomas Godfrey Burr, intestate in Apr 1810 seized of (g) leaving William Burr her eldest son as her heir at law;
- William Burr and Jonathan Burr between 1801 and 1808 purchased (h)-(k);
- Conveyance by Lease & Release of 19-20 Nov 1811 (not executed by (2)) in which (1) William Burr, Thomas Burr, Jonathan Burr, Solomon Burr and Mary Burr conveyed (a)-(f) to (2) John Crabb as their trustee;
- Conveyance by Lease & Release of 19-20 Nov 1811 in which (1) William Burr and Jonathan Burr [the latter of whom did not execute the deed] conveyed property to (2) Solomon Burr as their trustee - the entry simply says "hereditaments comprised in the said Schedule", an annotation saying "which Schedule - 3rd?" which would make the property (h)-(l);
- William Burr and Solomon Burr between 1811 and 1825 purchased (m)-(r);
- Solomon Burr died in Jun 1825 intestate and without issue leaving William Burr, his eldest brother, as his heir at law;
- will of William Burr of 3 Oct 1826 devising the residue of his real estate to his wife Elizabeth Burr, his brother Thomas Burr, his brother in law Henry Crabb and Rev.James Horseman as trustees to pay £400 per annum to Elizabeth Burr for her life; to set aside £2,000 for each of his daughters on their marriage during the lifetime of his wife and £2,000 after the death of his wife; and to raise £4,000 for each of his sons except his two eldest sons, to set them up in business when they became 21; with the shares of any child who died before receipt of the money being divided between the remainder "per stripes";
- William Burr, after making his will purchased (s)-(t) from John Simons and George Hooper and others on 21 May 1828 subject to mortgage vested in George Hooper, which was paid off by Burr's executors after his death, Hooper conveying the premises to them on 29-30 Jun 1830;
- death of William Burr on 3 Dec 1828 and proof of his will and codicil in PCC on 25 Aug 1829;
- deed poll of 1 Sep 1829 by Henry Crabb and James Horseman renouncing trusteeship of will of William Burr;
- William Burr left the following children: Frederick Burr, his eldest son and heir at law; Charles Burr his next eldest son; Edward Burr; Arthur Burr; Helen, wife of Rev.Thomas Sikes; Emily, wife of William Senhouse Gaitskell;
- death of Arthur Burr as an unmarried infant, his £4,000 legacy thus lapsing;
- Emily Gaitskell's £2,000 legacy was paid on her marriage on 29 Sep 1830; Helen Sikes' £2,000 legacy was paid on her marriage on 1 Feb 1831;
- death of Jonathan Burr in Sep 1831 intestate and unmarried leaving Frederick Burr, eldest son of his edlest brother his heir at law;
- Frederick Burr became 21 on 6 Mar 1832;
- Conveyance by Lease & Release of 28-29 Aug 1832 between (1) Frederick Burr and (2) Elizabeth Burr and Thomas Burr in which a fifth of the real estate devised by the will of Thomas Godfrey Burr and half the hereditaments in (h)-(l) was released by (1) to (2) - this because they did not pass by Conveyance by Lease & Release of 19-20 Nov 1811 above because it was unexecuted by Jonathan Burr due to infirmity and had thus passed to (1) as his heir at law; the intent being that they should be possessed by (2) as trustees under the will of William Burr;
- Mortgage of 29 Sep 1832 in which (1) Elizabeth Burr and Thomas Burr, as trustees of the will of William Burr, borrowed £4,000 at 4.5% interest from Rev.Thomas Sikes on security of (s)-(t) and (k);
- death of Thomas Burr on 13 Jul 1835 leaving Elizabeth Burr sole executrix and trustee of will of William Burr;
-will of Thomas Burr of 28 Jun 1835 appointing Mary Burr (his daughter), Rev.James Horseman and James Ewbank as executors but the will was proved by Burr and Horseman alone in PCC on 2 Dec 1835;
- Charles Burr became 21 on 24 Mar 1837 and then he and Frederick Burr became entitled to a conveyance to them of all real estate of William Burr;
- Conveyance by Lease & Release of 28-29 Mar 1837 between (1) Elizabeth Burr; (2) William Senhouse Gaitskell and Emily, his wife and Thomas Sikes and Helen, his wife; (3) Elizabeth Burr as administratrix of Arthur Burr, deceased; (4) Mary Burr; (5) Mary Burr and James Horseman as executrix and executor of Thomas Burr, deceased; (6) Frederick Burr and Charles Burr; (7) Thomas Sikes and William Senhouse Gaitskell; (8) James Ewbank recited previously in the ful labstract but not in the part here remaining;
- Edward Burr became 21 on 17 Apr 1840;
- deed poll of 25 Mar 1841 [not recited by whom];
- deed poll of 25 Sep 1851 in which Edward Burr released Frederick Burr and Charles Burr [from what the abstract does not specify, simply saying it was "hereinbefore recited"];
- purchases by Frederick Burr and Charles Burr on 2-3 Jun 1837, 13-14 Jun 1837, 1-2 Sep 1837, 3 Jan 1839 and 18-19 Jun 1840 being (u)-(y);
- Conveyance by Lease & Release of 12-13 Feb "abstracted at Page 86 of this Abstract" [but not here included];
- purchases by Frederick Burr and Charles Burr on 25 Oct 1842 and 27 Nov 1845 being (z);
- purchases by Frederick Burr on 23 Nov 1846 and 1 Nov 1850 being (aa)-(ab);
- indenture of 12 Nov 1850 "abstracted at page 93 of this abstract" [but not here included];
- Frederick Burr, after partnership with Charles Burr was dissolved and before writing his will purchased (ac)-(al);
- indenture of 1 Dec 1851 "hereinbefore abstracted" [but not here included];
- marriage settlement of 31 Jan 1854 between (1) Frederick Burr; (2) Charlotte Phillips of Sandon [Essex], spinster; (3) George Phillips of Sandon, clerk and Edward Burr;
- Frederick Burr married Charlotte Phillips on 1 Feb 1854; Charlotte Burr being still living in 1860;
- will of Frederick Burr;
- death of Frederick Burr on 7 Oct 1856 and proof of his will and codicil in PCC on 6 Dec 1856;
- indenture of 14 Sep 1857 between (1) Henry Churchill; (2) Joseph Canham; (3) Edward Burr and Richard Hatley Crabb "hereinbefore abstracted" [but not here included];
- (3) contracted with (1) to purchase (a)-(al) and other premises discharged from annuity of £250 and portions of £2,000 payable on death of Elizabeth Burr;
- since the contract several hereditaments not listed below had been sold by (3) and at his request conveyed by (1) to the several purchasers, the monies being paid to (1) and after deducting these £41,250 remained to be paid to (1) by (3);
- no conveyance of (a)-(al) had been enacted to (3) and (3) and (4) had agreed that they should be conveyed to (4) for £41,250;
- (2) had consented to join the conveyance to release her right and interest in respect of the annuity of £400;
- (1), at request of (3) and (4), had agreed that £6,250 should be paid by (4) and that £35,000 should remain as a mortgage at 5% interest
Operative Part:
- (4) paid £6,250 and promised to pay the sum of £35,000 to (1);
- (4) paid 10/- to (2);
- (1) as trustees, by direction of (3) conveyed (a)-(al) to (4);
- (2) quitclaimed (a)-(al) to (4)
Habendum:
- to (4) to use of (1) subject to equity of redemption
Property:
First Schedule: First Division: premises purchased by Thomas Godfrey Burr before the death of his wife:
(a) Brewery with brewhouse, carting house, malting, counting house, stables, chasiehouses and yards adjoining in Park Street, Luton in occupation of Frederick Burr;
(b) Two Brewers, formerly known as Five Bells, in Dunstable Lane, now Upper George Street, Luton in occupation of William Targood with right of way for William Hampson on NE side over the yard to and from the orchard on SW side;
(c) Chequers, Park Street, Luton in occupation of John Peacock with right of way through passage at N side from Park Street to and from rear of premises
First Schedule: Second Division: inter alia; purhcased by Thomas Godfrey Burr after making his will between 1785 and 1788:
(d) Royal Oak, Leagrave, situated in former Chalk Dell Close; in occupation of Daniel Low;
(e) Crown, Market Place, Luton in occupation of James Burge;
(f) Wheatsheaf, Church Street, Luton, in occupation of John Booth
Second Schedule: premises purchased by Mary Burr, widow of Thomas Godfrey Burr:
(g) Black Swan, Market Place, Luton formerly in occupation of Thomas Tomlinson, now John Millard
Third Schedule: premises purchased by William Burr and Jonathan Burr between 1800 and 1808:
(h) Clerk's house in SW corner of Brewery Yard fronting onto Park Street, with garden, formerly in occupation of William Tranter, now William Medland and John Ironmonger;
(i) Cock, Park Street, Luton in occupation of William Clark bounded: E by Park Street; S partly by two cottages (adjoining Cock club room) of Edward Burr and Richard Hatley Crabb; N by messuage late of Anthony Sherlock; with right of way for Edward Burr and Richard Hatley Crabb to and from two cottages over yard to and from Park Street;
(j) Roebuck, on corner of Albert Road and Langley Street (formerly part of Bailey Field), in occupation of Mrs.Wilson;
(k) Bell, George Street, Luton, formerly in occupation of Peter Wilson, now Henry Scarborough; with right of way for Brown & Green to and from George Street, over yard to and from their premises on SE side of Bell;
(l) Bull on corner of Park Street and Cumberland Street, Luton formerly in occupation of Samuel Carter, now Phoebe Carter
Fourth Schedule: premises purchased by William Burr and Solomon Burr between 1811 and 1825:
(m) Chequers, Caddington on opposite side of road adjoining churchyard, with club room etc. in occupation of Elizabeth Bradshaw, widow;
(n) Wheel Plough, Park Street, Luton, formerly in occupation of Thomas Brown;
(o) two cottages adjoining (n) with yard, garden and outhouses behind and adjoining them also barn between garden and Blackwater Lane; in occupation of George Janes;
(p) Duke of York, Duke Street, Luton, formerly in occupation of Thomas Lee, now Hyde; built by Frederick and Charles Burr on land formerly part of Bridge Field, now Donkey Hall Field;
(q) Old English Gentleman on corner bounded S by Burr Street and W by Hitchin Road, formerly in occupation of Thomas Lawrence, now John Adcock; built by Frederick and Charles Burr on part of Donkey Hall Field;
(r) Freeholder, York Street, Luton; in occupation of Thomas Glenister; built by Frederick and Charles Burr on part of Donkey Hall Field
Fifth Schedule: premises purchased by William Burr after making his will:
(s) Half Moon, Pepperstock, Flamstead [Hertfordshire] with yards, gardens and orchards adjoining containing 1a 0r 6p; also several adjoining closes, three arable and pasture containing together 7a 1r 10p and three spinneys or woodlands containing 2a 0r 22p; bounded: NE by road from Flamstead to Luton; NW by road from Market Street to Luton; SE and SW by property of Henry Brown;
(t) arable opposite (s) of 0a 3r 15p bounded: E by property of James Mayes and Baptist Chapel Trustees; N by road from Pepperstock to Luton; SE by road from Markyate Street to Luton; formerly in occupation of John Goodwin, now Samuel Pilgrim; reserving free use of well to cottagers opposite Half Moon
Sixth Schedule: First Division: premises purchased by Frederick and Charles Burr:
(u) Rising Sun beershop, Caddington formerly in occupation of John Tear, now James Coleman;
(v) Royal Oak, Round Green, Stopsley in occupation of Edward Parrott; with use of well in Little Close in conjunction with owner of the close and Thomas Sworder;
(w) Bricklayers Arms, High Street, Donkey Hall, Luton with yard at back and garden at rear measuring 75ft deep and 20ft wide; with right of way from High Street to and from rear of messuage; formerly in occupation of Thomas Peck, now William Shortland; with use of well in adjoining garden of Joseph Gutteridge in conjunction with others;
(x) Rabbit, Old Bedford Road, Luton in occupation of Matthew Lawrence; with use of well with adjoining cottages late of Richard Jones now Marquis of Bute; with right of way on N side of ground late of Richard Jones and from rabbit along back or E side of cottages late of Richard Jones to and from well;
(y) Plough beerhouse, Woodside, Caddington with wellhouse and inclosed pasture or orchard, formerly part of Collier's Wood and called The Hick containing 0a 1r 15p abutting at SE on Plough; formerly in occupation of George Hood, late Thomas Hoar now Page
Sixth Schedule: Second Division: premises bought by Frederick Burr and Charles Burr subsequent to mortgage to Smyth Churchill:
(z) Bull, corner of Union Street, Houghton Regis formerly in occupation of Charles Roberts, now George Olney
Seventh Schedule: First Division: premises purchased by Frederick Pain on 23 Nov 1846 and 1 Nov 1850:
(aa) Rising Sun, formerly Sun, High Town, Luton formerly in occupation of James Hudson, now William Shortland [annotated "sold to the Midland Railway"];
(ab) Wellington Arms, corner of Wellington Street and Stuart Street, Luton with chaisehouse and stable with workshop over and yard formerly in occupation of John Abbott, now William Dunkley; with right of way for Edward Burr and Richard Hatley Crabb to and from Stuart Street over yard to and from adjoining cottage in occupation of Matthew Wilson
Seventh Schedule: Second Division: premises purchased by Frederick Burr subsequently to date of mortgage of 12 Nov 1850 and before 16 Aug 1856:
(ac) Griffin, Chapel Street, Luton in occupation of Thomas Puddephatt;
(ad) Robin Hood on corner of Albert Road and New Town, Luton in occupation of James Mardell;
(ae) Heron, Park Street, Luton in occupation of James Parrott, erected by Frederick Burr on ground late part of Brown Brick Field [annotated "now Blacksmiths Arms"];
(af) Greyhound, bakehouse etc., Toddington in occupation of Joseph Brewer;
(ag) Windmill, Gallows Lane, Luton formerly in occupation of James Attwood, now William Cooper;
(ah) Foresters Arms, corner of Windsor Street and Lime Kiln Lane formerly in occupation of Henry Haydon, now Smith Goold;
(ai) Crown, corner of Albion Road and Edward Street, Dunstable in occupation of Henry Lockhart under lease for ten years from 25 Dec 1852 [annotated "now Borough Arms"];
(aj) Red Lion, Kensworth [Hertfordshire] in occupation of John Stanner; built by Frederick Burr on ground on N side of High Road from Kensworth to Markyate Street measuring 100 E-W along road;
(ak) house on corner of Victoria Street and London Road, Luton in occupation of Alabaster Ward & Company and erected by Frederick Burr on part of Walnut Tree Close; with right of way for Thomas Sworder on NW side of ground;
(al) Windsor Castle, , Windsor Street, Luton in occupation of John Keeling
(II) Will of Thomas Sworder of Hertford of 21 May 1862 devising all real estate to his wife Frances Jane Sworder and appointing her sole executrix
(III) Death of Thomas Sworder of Hertford on 20 Mar 1875
(IV) Proof of Thomas Sworder of Hertford in PPR on 22 May 1875
(V) Decree of 24 May 1875 in suit of Richard Moss and George Adolphus Boustred on behalf of themselves and other creditors of Thomas Sworder, deceased, plaintiffs against Frances Jane Sworder, defendant it was ordered that the real and personal estates of Thomas Sworder of Hertford were to be sold and the money paid into court under "Moss re Sworder 1875 M.118" to an account called "Proceeds of Sale of the Testators real and Leasehold Estates"
(VI) Will of Francis Jane Sworder of 10 Jun 1876 devising and bequeathing her real and pesronal estate to her son Thomas Joseph Sworder whom she appointed sole executor
(VII) Death of Francis Jane Sworder on 10 Jun 1876
(VIII) Proof of will of Francis Jane Sworder in PPR on 30 Jun 1876
(IX) Order in Chancery of 3 Jul 1876 that the suit stand revived at the suit of the petitioners against Thomas Joseph Sworder
(X) Order in Chancery of 7 Mar 1877 that conditional contract of 18 Nov 1876 entered into between Thomas Joseph Sworder and Thomas Sworder of Luton, brewer for sale to him of (a)-(al) for £45,700 and supplemental agreement of 6 Feb 1877 between Edward Burr and Richard Hatley Crabb abd Thomas Joseph Sworder be carried into effect and the balance of the purchase money be paid to Burr and Crabb on account of their mortgage debt.